COLUMBIA  LIBRARIES  OFFSITE 

HEALTH  SCIENCES  STANDARD 


HX64077322 
R A54.A5  116  1917    General  information 


RECAP 


ILLINOIS 

DEPARTMENT 

OF 

PUBLIC  HEALTH 

GENERAL  INFORMATION 

AND 

LAWS 

Effective  July  1,  1917 


COMPILED  BY 

EDWARD  J.  BRUNDAGE 

Attorney  General 
Springfield 

[Printed  by  authority  of  the  State  of  Illinois.] 


f^l^  ^^.AS- 


n/7 


COLLEGE  OF 

PHYSICIANS  AND  SURGEONS 

LIBRARY 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

Open  Knowledge  Commons 


http://www.archive.org/details/generalinformatiOOilli 


ILLINOIS 

DEPARTMENT 

OF 

PUBLIC  HEALTH 

GENERAL  INFORMATION 

AND 

LAWS 

Effective  July  1,  1917 


COMPILED  BY 


EDWARD  J.  BRUNDAGE 

Attorney  General 
Springfield 


[Printed  by  authority  of  the  State  of  Illinois  ] 


^^^ 


ScHXEPP  &  Baknes,  State  Printers 

Springfield,  III. 

1918. 

3301—500 

ivn 


DEPARTMENT    OF    PUBLIC    HEALTH. 
Capitol  Building,  Springfield. 


EXECUTIVE   DIVISION. 
Director,  Dk.  C.  St.  Claie  Drake,  Springfield. 
Assistant  Director,  Dr.  George  T.  Palmer,   Springfield. 
Chief  Clerk,  Amos  Sawyer,  Springfield. 

DIVISION  OF  COMMUNICABLE  DISEASES. 

Chief  of  Division,  Dr.  John  J.  McShane,  Springfield. 

Supervisor  of  Field  Service,  Edward  A.  Hardt,  Springfield. 

DIVISION   OP    TUBERCULOSIS. 
Chief  of  Division,  Dr.  C.  W.  East,  Springfield. 

DIVISION  OF   DIAGNOSTIC  LABORATORIES. 
Chief  of  Division,  Dr.   George  F.   Sorgatz,   Springfield. 

DIVISIN   OF    SANITARY    ENGINEERING. 
Chief  of  Division,  Paul  Hansen,  C.  E.,  Springfield. 
Assistant  Chief  of  Division,  C.  M.  Sjoblom,  Springfield. 
Analyst,  Warren  Cowles,  Springfield. 

DIVISION  OF  SURVEYS  AND  RURAL  HYGIENE. 

Chief  of  Division,  Paul  Skoog,   Springfield. 

Farm  Sanitation  Advisor,  Frank  J.  Smejkal,  Springfield. 

DIVISION  OP  VITAL  STATISTICS. 
Chief  of  Division,  Sheldon  L.  Howard,  Springfield. 
Assistant  Chief  of  Division,  Orrin  Dilley,   Springfield. 

DIVISIN   OF    CHILD    HYGIENE    AND    PUBLIC    HEALTH    NURSING. 

fMiss  Mary  E.  Wh^son,  Springfield. 
Supervising  Field  Nurses,<  ,,       „  „,  o     •     c  1 1 

^  ^  '  \  Mrs.  Esther  Werner,  Springfield. 

DIVISION  OP  PUBLIC  HEALTH  INSTRUCTION. 

Medical  Editor,  Earl  Searcy,  Springfield. 

Librarian,  Miss  Helen  Dollarhide,  Springfield. 

DIVISION  OF  LODGING  HOUSE  INSPECTION. 

OFFICE:    130  N.  FIFTH  AVE.,  CHICAGO. 

Superintendent  of  Lodging  House  Inspection,  W.  W.  McCulloch,  Chicago. 


NOTE. 

Since  the  last  compilation  of  the  Illinois  Public  Health  Laws  in 
1907,  many  important  changes  have  been  made  that  are  of  special  in- 
terest at  this  time  to  the  people  of  this  State.  One  of  these  changes 
involves  the  creation  of  the  Department  of  Public  Health  which  has 
been  invested  with  greater  powers  than  were  possessed  by  its  prede- 
cessor and  which  is  permitted  to  be  organized  along  better  methods  of 
efficiency  than  were  formerly  possible. 

The  present  compilation  consists  of  laws  which  have  a  direct 
bearing  upon  and  are  enforced  through  the  Department  of  Public 
Health  and  of  laws  which  have  a  general  relation  to  the  public  health 
of  this  State  butwhich  are  enforced  through  some  other  public  agency 
or  officer.  In  either  case,  the  Department  of  Public  Health,  as  it  is 
now  constituted,  is  vitally  interested  not  only  in  the  nature  and  scope 
of  these  laws  but  also  in  their  proper  observance  and  enforcement. 


CONTENTS. 


I.   ORGANIZATION  AND  MANAGEMENT. 

Paragraph.  Paragraph. 

1.  Executive   OfRcers  7.   Cooperation,  Coordination  and  Ef- 

2.  Nonexecutive  Officers.  ficiency. 

3.  Seal.  8.  Moneys,    Disposition. 

4.  Central  and  Branch   Offices.  9.   Expenditures. 

5.  Employees,   Civil   Service.  10.   Reports. 

6.  Rules   and   Regulations. 


11.  Generally. 

12.  State  Board   of  Health  Act. 

13.  Vital   Statistics  Act. 

14.  Ophthalmia  Neonatorum   Act 

15.  Barber's  Act. 


II.   POWERS    AND    DUTIES. 

16.  Lodging  House  Act. 

17.  Occupational  Diseases  Act. 

18.  Rabies'   Act. 

19.  Nonexecutive  Duties. 


LAWS. 


ORGANIZATION,    JURISDICTION   AND    POWERS. 


20. 
21. 


24. 

25. 
26. 
27. 


29. 
30. 

31. 
32. 
33. 
34. 


35. 
36. 

37. 

38. 
39. 
40. 

41. 

42. 

43. 

44. 

45. 

46. 
47. 
48. 


State  Board  of  Health,  Appoint- 
ment,  Term  of  Office,  Vacancies. 

Powers   and  Duties,    Generally. 

Births  and  Deaths,  Registration, 
Legislation. 

Rules  and  Regulations,  Violation, 
Penalty. 

Vital  Statistical  Registers,  An- 
nual   Report. 

Vital   Statistics,   Forms. 

Organiation,     By-Laws,     Meetings. 

Executive  Officer,  Salary  and  Ex- 
penses, Duties,  Members'  Com- 
pensation. 

Annual    Reports,    Requisites. 

Lodging  Houses,  Etc.,  S\ipervision 
and    Inspection,    Penalty. 

Sleeping  Rooms,  Size,  Space  be- 
tween Beds,  Ventilation,  Pen- 
alty. 

Lodging  House  Register,  Inspec- 
tion,  Penalty. 

Annual  Statements,  Contents, 
Forms,    Filing,    Penalty. 

Anti^Toxin,  Distribution,  Agents, 
Expenses. 

Boards  of  Health,  County  and 
Township,  Creation,  Quarantine, 
Rules  and  Regulations,  State 
Board  of  Health. 

Powers    and    Duties,    Generally. 

Rules  and  Regulations,  Violation, 
Penalty,    Funds,    Payment. 

Annual    Report,    Records. 

Compensation  and   Expenses. 

Repeal. 

Boards  of  Health,  Cities  and  Vil- 
lages. 

Public  Health  Districts,  Organiza- 
tion. 

Town  or  Road  District,  Submis- 
sion to  Voters. 

Several  Towns  or  Road  Districts, 
Submission  to  Voters. 

Town  or  Road  District's  Election, 
Notice. 

Several  Towns  or  Road  Districts' 
Election,    Notice. 

Ballot,   Form. 

Number    of    Votes   Necessary. 

Town  or  Road  District's  Ballots, 
Counting. 


49.  Several   Towns   or  Road  Districts' 

Ballots,    Counting. 

50.  Result  of  Election.  Evidence. 

51.  Board  of  Health  Defined. 

52.  Board     of     Health,     Organization, 

Meetings. 

53.  Public  Health  District,   Corporate 

Name. 

54.  Public    Health     District,     Judicial 

Notice. 

55.  Board  of  Health,  Powers  and  Du- 

ties. 

56.  Public    Health    Officers,    Examina- 

tion, Notice. 

57.  Public     Health     Officers,      Powers 

and  Duties. 

58.  Health    Ordinance,    Enforcement. 

59.  Anticipation   Warrants. 

60.  Public  Health  Tax  Certificate.  Ex- 

tension of  Tax,   Collection. 

61.  Birth      and     Death      Registration, 

Supervision,     Uniform     Enforce- 
ment,  Records. 

62.  Superintendent      of      Registration, 

Clerical       Help,       Compensation, 
Quarters. 

63.  Vital    Statistics   Registration  Dis- 

tricts. 

64.  Local    Registrars,    Deputies,    Sub- 

Registrars. 
65-66.   Removal     or    Burial     of    Dead 
Bodies.        Death      Certificate. 
Burial    or    Removal    Permits. 

67.  Stillbirth  Certificates. 

68.  Death    Certificates. 

69.  Death    Certificates   by   Local    Reg- 

istrars  or  Coroners. 

70.  Undertakers'  Duties. 

71.  Burial   Permit,    Requisites. 

72.  Cemeteries'    Register,    Filing  Bur- 

ial or  Removal  Permits. 

73.  Registration      of      Births,      Filing 

Birth  Certificates. 

74.  Birth    Certificates,    Requisites. 

75.  Supplemental   Reports   and  Affida- 

vits. 

76.  Registration    of    Physicians,    Etc., 

Local     Registrars'     Annual     Re- 
turn. 

77.  Hospitals,    Etc.,    Record. 


CONTENTS— Continued. 


LAWS- 
Paragraph. 

78.  Blank  Forms.  Instructions,  Exam- 

ination  of  Certificates,    Informa- 
tion,   Annual   Report. 

79.  Local   Registrars,   Duties   and   Re- 

ports. 

80.  Fees,  Appropriation. 

SI.   Certified    Copies,    Evidence,    Fees. 
82.   Penalties. 


■Continued. 
Paragraph. 

83.  Enforcement    and    Prosecution. 

84.  Repeal. 

85.  Rabies,      Institution      for      Treat- 

ment,   Selection. 

86.  Transportation  Expenses. 

87.  Appropriation. 

88.  Inspection,    Report. 


BLINDNESS,    TUBERCULOSIS    AND    OTHER   DISEASES. 


91. 


92. 
93. 
94. 

95. 
96. 
97. 
98. 

99. 

100. 

101. 
102. 
103. 


104. 
105. 

106. 

107. 

108. 


109. 
110. 


111. 


112. 

113. 
114. 
115. 
116. 
117. 


118. 
119. 
120. 


121. 
122. 


123. 


Ophthalmia    Neonatorum    Defined. 

Obstetrician^  Duties,  Reports, 
Evidence. 

Maternity  Hospitals  and  Homes, 
Posting  of  Act,  Inspection,  Pre- 
ventive   Treatment    Information. 

Health    Officers,    Duties. 

State  Board  of  Health,  Duties. 

Collusion  and  Concealment,  Pen- 
alty. 

Prosecution,   State's  Attorney. 

Violations,   Penalty. 

Repeal. 

Maternity  Hospitals,  Application. 
License,    Revocation. 

Register,  Information  Required, 
Report. 

Adoption    of    Children, 


tion. 


Investiga- 


Visitation. 

Violations,   Penalty. 

County  Public  Tuberculosis  Sani- 
tarium, Real  and  Personal  Prop- 
erty. 

Buildings. 

Sanitarium,  Establishment,  Taxes, 
Fund. 

Tuberculosis  Tax,  Submission  to 
Voters,    Annual    Appropriation. 

Directors,  Appointment  of  First 
Board. 

Directors,  Appointment  of  Suc- 
ceeding Boards,  Term  of  Office, 
Removal. 

Vacancies,    Compensation. 

Organization,  Rules  and  By-Laws, 
Powers  and  Duties,  Funds. 

Admission  to  Sanitarium.  Rules, 
Privileges  and  Benefits,  Xon- 
Residents. 

Gifts  and  Donations,  Annual  Re- 
port. 

Gifts   and   Donations,    Title. 

P^ules  and  Regulations,   Scope. 

Physicians'   Privileges. 

Saving  Clause. 

Cities  and  Villages  Public  Tuber- 
culosis Sanitarium,  Establish- 
ment,  Tax,  Fund. 

Tuberculosis  Tax,  Submission  to 
Voters,   Annual  Appropriation. 

Directors,  Appointment  of  First 
Board. 

Directors,  Appointment  of  Suc- 
ceeding Boards,  Term  of  Office, 
Removal. 

Vacancies,    Compensation. 

Organization.  Rules  and  By-Laws, 
Powers  and  Duties,   Funds. 

Admission  to  Sanitarium,  Rules, 
Privileges  and  Benefits,  Non- 
Residents. 


124.  Gifts   and   Donations,    Annual   Re- 

port. 

125.  Rules   and   Regulations.    Scope. 

126.  Gifts   and   Donations,    Title. 

127.  Physicians'   Privileges. 

128.  Abolishment     of    Sanitarium,     Or- 

dinance,   Passage. 

129.  Abolishment    Ordinance,    Referen- 

dum. 

130.  Abolishment    Ballot,    Form. 

131.  Abolishment    of    Sanitarium, 

Funds,   Transfer. 

132.  Contagious    Diseases    among    Do- 

mestic Animals,  Communicable 
Diseases,  Investigation,  Quaran- 
tine,   Appraisal,    Slaughter. 

133.  Affected  Districts,  Report,  Procla- 

mation,   Quarantine,    Penalty. 

134.  Affected    Districts,     Proclamation, 

Importation,    Penalty. 

135.  Removal   of  Diseased  Animals. 

136.  Concealment    of    Disease    in    Ani- 

mals, Penalty. 

137.  Importation    of    Bulls,    Etc.,    Cer- 

tificate  of   Health. 

138.  Importation     of    Bulls,     Exchange 

of  Cattle. 

139.  Importation    of   Bulls,    Certificates 

of    Health.    Requirements. 

140.  Transportation  of  Cattle,  Permits. 

141.  Tuberculin  Test,  Expense,   Lien. 

142.  Tuberculin   Test   of  Cattle,   Sale. 

143.  Tuberculin  Test,  Consent. 

144.  Penalty. 

145.  Dairy    Animals,     Tuberculin    Test 

L'nlawful. 

146.  Occupational      Diseases.      Preven- 

tive  Devices,  Adoption. 

147.  Occupations    13eclared    Dangerous 

to  Health;  Clothing,  Respirators. 

148.  Monthly    Physical    Examinations. 

149.  Physical    Examinations,    Reports. 

150.  State  Board  of  Health,  Secretary's 

Duty. 

151.  Dressing  Rooms  and  "Washbasins, 

Furnishing. 

152.  Food   and   Drink   Regulations. 

153.  Fumes    and    Dust    Preventive    De- 

vices. Providing. 

154.  Flues,  Floors,  Fixtures  and  Tools. 

Cleaning. 

155.  Hoppers   or   Chutes,    Conveyors   or 

Receptacles,    Protecting. 

156.  State    Factory    Inspector,    General 

Duties. 

157.  Dangerous   Conditions.   Notice.   In- 

stallation of  Appliances. 

158.  Notice   of   Dangers.    Posting,    Fac- 

tory  Inspectors'   Duty. 

159.  Violations.    Penalty. 

160.  Right  of  Action,  Limitation,  Dam- 

ages. 

161.  Invalidity   Clause. 


CONTENTS— Continued. 


Endan- 


Paragraph. 

162.  Children,    Life    or    Health 

gering    Unlawful. 

163.  Penalties. 

164.  School    Buildings,     Superintendent 

of  Public  Instruction's  Duty. 

165.  County   Superintendent's  Duty. 

166.  Boards  of  Directors  or  of  Educa- 

tion, Duties. 


LAWS — Continued. 
CHILDREN  AND    SCHOOLS. 
Paragraph. 

167.  Play  or  Recreation  Grounds,  Es- 
tablishment, Equipment  and: 
Maintenance. 

168.  Real   Estate,   Location. 

169.  Police   Control. 

170.  Physical  Training,  Boards  of  Ed- 
ucation,   Etc.,   Duty. 

171.  Physical    Training,    Provision   for. 

172.  Normal  Schools,  Physical  Training. 


DAIRY,    FOOD   AND 
173.  Appointment     of     Food     Commis- 
sioner     and      Establishment      of 
Food  Department. 
17  4.   Powers    of   Commissioner   and    In- 
spectors. 
17.5.   Refusal  to  Assist  Inspector. 

176.  Samples,    Procedure. 

177.  Adulterated    or    Misbranded    Food. 

178.  Evidence. 

179.  Food  Defined. 

180.  Adulteration   Defined. 

181.  Misbranded   Defined. 

182.  Condemnation  and  Confiscation  of 

Illegal    Foods. 

183.  Vinegar,    Branding. 

184.  Extracts,    Labeling. 

185.  Baking  Powder,   Labeling. 

186.  Adulterated,     Spirituous,    Malt    or 

Vinous  Liquor. 

187.  Mutilating  Labels. 

188.  Unclean    or   Unwholesome    Milk. 

189.  Milk  Cans,  Washing. 

190.  Impure  or  Unclean  Milk  or  Cream. 

191.  Skim    Milk,   Cans,    Labeling. 

192.  Measuring  Milk  and  Clean  Stand- 

ards. 

193.  Testing  Apparatus,  License. 

194.  Analyses,  Report.  Babcock  Test. 

195.  Preservatives,   Sale. 

196.  Vehicles,    Marking. 
187.   Illegal    Lard. 

198.  Lard   Substitute. 

199.  Imitation   or  Substitute   for   Lard. 

200.  Process  Butter,   Sale. 

201.  Process  Butter,   Branding. 

202.  Illegal    Foods,    Seizure. 

203.  Search  Warrants. 

204.  State's  Attorney's  Duty. 

205.  State  Board  of  Health,    Samples. 

206.  State   Analyst,    Certificate. 

207.  Shift  or  Device. 

208.  Master's    Liability. 

209.  Penalties,   License  Fees,   Proceeds, 

Payment. 

210.  Label,  Size  of  Type. 

211.  Rules    and    Regulations. 

212.  Standard   of  Purity  and   Strength. 

213.  Illegal  Foods,   Sale. 

214.  Eggs. 

215.  Preliminary  Hearing. 

216.  Penalty. 

217.  .Judgment,  Capias,  Repeal. 

218.  Manufacturing         Establishments, 

Lighting,    Draining.    Ventilating. 

219.  Unsanitary    Condition    Defined. 

220.  Sidewalls   and   Ceilings,    Construc- 

tion. 

221.  Doors  and   Screens. 

222.  Toilet   Rooms. 

223.  Nuisance  Defined. 

224.  Cuspidors. 

225.  Expectorating,    Penalty. 

226.  Sleeping  in  Work  Room. 

227.  Contagious   Diseases. 

228.  Inspection,    Reports,   Prosecutions. 


ADULTERATION. 

229.  Fines,   Payment. 

230.  Penalty. 

231.  Dairy     Containers,     Brand,     Adop- 

tion. 

232.  Brand.    Device,    Registration. 

233.  Registered   Brand   Protected. 

2  34.  Marked   Bottle,    Use    Prohibited. 

235.  Brand,    Defacing. 

236.  Penalty. 

237.  Enforcement  of.  Act. 

238.  Renovated  Butter,   Sale. 

2  39.   Renovated    Butter,    Branding. 

240.  Commissioner's    Duty,    Costs. 

241.  Penalty. 

242.  Commissioner's    Powers. 

243.  Imitation  Bui^er   Defined. 

244.  Coloring. 

245.  Branding. 

2  46.  Notice    to   Purchaser. 

247.  Shipment,   Marking. 

248.  Unmarked   Package,   Possession. 

249.  Unmarked    Substance,    Intention. 

250.  Actions,   Parties. 

251.  Removing  Marks. 

252.  Penalty,    Prosecutions. 

253.  Butterine     and     Ice     Cream     Fac- 

tories, Drainage,  Air  Shafts,  Etc. 

254.  Furniture  and   Utensils,    Storage. 

255.  Inspection,    Certificate. 

256.  Alterations,    Notice. 

257.  Penalties. 

258.  Grain,    Coloring. 

259.  Colored    Grain,    Sale. 

260.  Violation,   Penalty. 

261.  Prosecution,    Jurisdiction,    Fines. 

262.  Canned    Goods,     Labeling,    Packer 

Defined. 

263.  Soaked   Goods,   Branding. 

264.  Violation,    Penalty. 

265.  Calves     under    Four    Weeks     Old, 

Penalty. 

266.  Animal  Inspection. 

267.  Killing;  of  Diseased  Animals,  Dis- 

position. 

268.  Penalty. 

269.  Cold  Storage,   Terms  Defined. 

270.  License  Fee. 

271.  Unsanitary   Condition. 

272.  Record,    Reports. 

273.  Inspection  and   Supervision. 

274.  Storing  Food  Articles. 

275.  Labeling  Food   Articles,   Evidence. 

276.  Storing    Food    Articles,    Duration, 

Removal. 

277.  Sale. 

278.  Returned  Goods,  Etc. 

279.  Rules  and   Regulations. 
'  280.   Penalty. 

281.  Construction   of  Act. 

282.  Short    Title. 

283.  Repeal. 

284.  Bread     and     Candy,     Adulteration, 

Penalty. 

285.  Liquor,    Adulteration,    Penalty. 


CONTENTS— Continued. 


LAWS— 
Paragraph. 

286.  Butter    and    Cheese,    Manufacture, 

Adulteration,   Penaltv. 

287.  Repeal. 

288.  Foods,     Use     of     Injurious     Sub- 

stance. 

289.  Drug-   or  Medicine,   Use   of   Injuri- 

ous Substance. 

290.  Food,    Drink    or   Medicine,    Stamp- 

ing   or    Labeling. 

291.  Butter   and    Cheese,    Foreign    Sub- 

stance,   Stamping    or    Labeling. 

292.  Violation,   Penalty. 

293.  Defenses. 

294.  Prosecution,      State's      Attorney's 

Duty. 

295.  Repeal. 


Continued. 
Paragraph. 

296.  Drugs    or    Medicine,    Adulteration. 

297.  Milk,       Adulteration,       Strippings, 

Diseased  Cows,   Penalty. 

298.  Milk    Adulteration,    Impure    Cows' 

Food,    Penalty. 

299.  Milk  "Wagons  and  Cans,   Marking, 

Penaltv. 

300.  Skimmed   Milk,   Marking,    Penalty. 

301.  Judgment,     Costs     and     Imprison- 

ment. 

302.  Milk  Adulterants  and   "Swill"  De- 

fined. 

303.  Cider      Vinegar,      Manufacture, 

Adulteration,  Penalty. 

304.  Unwholesome      Vinegar      Defined, 

Manufacture,  Penalty. 


WATER    SUPPLY,    GARBAGE   AND    SEWAGE. 


305.  Water   Works,    Etc.,    Construction, 

Borrowing  Money,  Water  Rates, 
Franchise  Ordinance,  Pollution 
and  Waste. 

306.  Territorial   Limits,   Condemnation, 

Jurisdiction. 

307.  Rules     and     Regulations,     Water 

Taxes,  Rates  and  Assessments, 
General   Tax. 

308.  Water    Supply    Contracts,    Limita- 

tion. 

309.  Water  Tax. 

310.  Water    Works,     Construction    and 

Maintenance,  Intercorporate  Ar- 
rangement. 

311.  General    Tax,    Borrowing    Money, 

Appropriation. 

312.  Real     Estate,     Purchase     or     Con- 

demnation,   Territorial    Limits. 

313.  Rules  and  Regulations,  Water  Tax 

or   Rate,    Lien. 

314.  Reservoirs    and    Hydrants,    Water 

Pipes,  Expenses,  Special  Assess- 
ment. 

315.  "Water  Works   Fund,  Application. 

316.  Water   Works   Excepted. 

317.  Water      Powers      and      Privileges 

Granted. 

318.  "W'ells     Constructing    or     Leasing, 

Referendum. 

319.  Water    Works    System,    Construc- 

tiort.  Purchase  or  Extension,  In- 
terest   Bearing    Certificates. 

320.  Ordinance,   Referendum. 

321.  TV^'ater  Fund,   Application. 

322.  Mortgage    or    Trust    Deed,    Condi- 

tions. 


323.  "W'ater     Certificates,      Foreclosure, 

Decree,   Sale. 

324.  Purchaser's    Rights,    Protection. 

325.  Scope  of  Act. 

326.  Water      Works,      Purchase,      Con- 

struction and  Enlarging,  Annual 
Tax. 

327.  Contract   Ordinance. 

328.  Referendum. 

329.  Superintendent    and   Employees. 

330.  Bonds,  Authority. 

331.  Bonds,  Provisions. 

332.  Bonds,  Form. 

333.  "Water  Rentals  and  Rates. 

334.  Joint    Water    Districts,     Referen- 

dum. 

335.  Scope   of  Act. 

336.  Annexation  of  Municipalities,  Use 

of  "^Vater  Works. 

337.  Maximum    Rates,    Ordinance,    Re- 

view. 

338.  Stream  or  Water  Course,  Obstruc- 

tion,  Penalty. 

339.  Garbage  and  Ashes  Disposal,  Con- 

340.  Annual  Tax. 

341.  Repeal. 

342.  Garbage      Plants,      Establishment, 

Annual   Tax. 

343.  Sewerage.      Construction,      Exten- 

sion,     Intercorporate      Arrange- 
ment. 

344.  Resolution    or   Ordinance.    Effect. 

345.  Sewage   Disposal,    Lake   Michigan. 

346.  Pollution    of    Waters,    Police,    A.p- 

pointment. 

347.  Pollution    of    Streams    and    Lakes, 

Investigation,  Abatement. 


SANITATION. 


348. 


349. 
350. 


351. 
352. 


353. 
354. 
355. 
356. 
357. 

S58. 
359. 


Common  Drinking  Cup,  Public 
Buildings. 

Railroad    Trains    and    Stations. 

Public  Buildings,  Railroad  Trains 
and  Stations,  Common  Drinking 
Cup,    Furnishing. 

Violation  of  Act.  Penalty. 

Barber  Shops.  Rules  arid  Regula- 
tions. Notice,  Quarantine.  Hear- 
ing.   Revocation  of  Certificate. 

Hotel  Defined. 

Bedding   Requirements. 

Towel    Supply. 

Fumigation  of  Rooms. 

Drainage  and  Plumbing,  Lava- 
tories. 

Violation,   Penalty. 

Posting  Act. 


360.  Repeal. 

361.  Tenements    and    Lodging    Houses, 

Plans     and     Specifications,     Ap- 
proval. 

362.  Plumbing  Work,   Instructions. 

363.  Plumbing    "Work,    Completion,    No- 

tice,  Inspection. 

364.  Architect,   Penalty. 

365.  Plumber.  Penalty. 

366.  Workshops,      Tenements,      Inspec- 

tion,   Reports. 

367.  State    Inspector,    Powers   and   Du- 

ties. 

368.  Imported    Goods,    Inspection,    Dis- 

posal. 

369.  Employment    of    Children,    Regis- 

try,  Inspection. 


CONTENTS— Concluded. 


LAWS — Concluded. 


Paragraph. 

370.  Hours   of   Labor,    Notice,    Employ- 

ment List,  Posting. 

371.  Terms     Defined,     List     of     Work- 

shops. 

372.  Penalty. 


Paragraph. 

373.  Appropriation.  ' 

374.  Warrants. 

375.  Plumbing-  Work  and  Sewage  Reg- 

ulations. 

376.  Mattresses. 


EMBALMING,   POISONS  AND  NUISANCES. 


377.  Inquest,      Embalming,      Coroner's 

Permission,    Penalty. 

378.  Embalming     Fluid,     Manufacture, 

Labeling. 

379.  Embalming    Fluid,     Use    by    Un- 

dertakers. 

380.  Violation,    Penalty. 


381.  Paris     Green,     Quality,     Labeling, 

Sale. 

382.  Penalty. 

383.  Prosecution,   State's  Attorney. 

384.  Nuisance   Defined. 

385.  Penalties. 

386.  Nuisance    Near    Encampment    De- 

fined,  Penalty. 


CITIES   AND  VILLAGES. 


387.  General  Health  Powers  and  Juris- 

diction. 

388.  Ohio       River,       Adjacent       Cities, 

Jurisdiction. 

389.  Ordinances,   Jurisdiction. 


390.  Ordinance,    Extra-Territorial    Jur- 

isdiction. 

391.  Territorial  Jurisdiction,  Boats  and 

Streams. 


11 


DEPARTMENT   OF  PUBLIC   HEALTH. 


I.     ORGANIZATI'ON  AND  MANAGEMENT. 

1.  Executive  Officers. 

A  Director,  an  Assistant  Director,  and  a  Superintendent  of  Lodging 
House  Inspection  comprise  tlie  executive  officers  of  the  Department  of  Public 
Health.     (Sees.  4  and  5,  Code.) 

2.  Nonexecutive  Officers. 

The  advisory  functions  of  this  department  are  exercised  by  five  public 
health  advisors.     (Sec.  6,  Code.) 

3.  Seal. 

Departments  are  required  to  adopt  and  authenticate  their  acts  by  an 
official  seal.      (Sec.  19,  Code.) 

Jf.  Central  and  Branch  Offices. 

Each  department  is  required  to  maintain  a  central  office  at  the  Capitol. 
Branch  offices  for  the  conduct  of  a  particular  function  of  the  department  may 
be"  established  and  maintained  at  other  places  by  the  Director  w^ith  the  ap- 
proval of  the  Governor.     (Sec.  17,  Code.) 

5.  Employees,  Civil  Service. 

Prom  those  who  are  in  the  classified  civil  service  of  the  State  on  July  1, 
1917,  in  the  office,  board,  commission  or  institution  coming  under  the  super- 
vision and  control  of  the  department,  each  employee  is  to  be  assigned  to  a 
position  in  the  department,  having  so  far  as  possible  duties  equal  to  his 
former  office  or  employment,  provided  no  more  are  employed  than  are  neces- 
sary to  the  proper  performance  of  the  functions  of  the  department.  (Sec.  24, 
Code.) 

Departments  have  power,  subject  to  civil  service  laws,  to  employ  all 
other  necessary  employees  and  fix  their  compensation,  when  their  compen- 
sation has  not  been  theretofore  determined  by  law.     (Sec.  20,  Code.) 

6.  Rules  and  Regulations. 

It  is  the  duty  of  the  Director  to  prescribe  rules  and  regulations  for  the 
government  of  his  department,  the  conduct  of  its  employees,  the  distribution 
and  performance  of  its  business  and  the  custody,  use  and  preservation  of  the 
property,  records  and  documents.     (Sec.  16,  Code.) 

T.  Cooperation,  Coordination  and  Efficiency. 

The  Director  is  to  devise  a  practical  system  of  cooperation  and  coordi- 
nation of  the  work  of  the  department  to  eliminate  all  duplication  and  over- 
lapping of  functions,  and  to  economize,  whenever  practicable,  in  the  use  of 
quarters  and  equipment.  With  the  consent  of  the  superior  officer  of  the 
employee,  the  Director  may  require  an  employee  of  another  department  to 
perform  any  duty  that  is  required  of  his  own  employees.     (Sec.  26,  Code.) 

8.  Moneys,  Disposition. 

All  State  funds  or  moneys  received  by  a  department  must  be  turned 
into  the  State  treasury  within  ten  days  of  receipt  without  any  deduction 
v/hatsoever.     (See  27,  Code.) 


13 

9.  Expenditures. 

Departments  are  forbidden  to  make  expenditures  except  in  consequence 
of  an  appropriation  duly  made  and  upon  the  warrant  of  the  Auditor  of  Public 
Accounts.     (Sec.  27,  Code.) 

10.  Reports. 

In  addition  to  the  semi-annual  and  biennial  reports  provided  for  by  the 
Constitution,  the  Director  is  required  to  make  on  or  before  December  annu- 
ally to  the  Governor,  and  whenever  otherwise  requested,  written  report  con- 
cerning the  condition,  management  and  financial  transactions  of  the  depart- 
ment.    (Sec.  25,  Code.) 

II.     POWERS    AND    DUTIES.^ 

11.  Generally. 

The  Department  of  Public  Health  is  to — 

Have  general  supervision  of  the  health  and  lives  of  the  people  of 

this  State; 
Advise  relative  to  public  water  supplies,  water  purification  works, 

sewerage  systems,  and  sewerage  treatment  works; 
Exercise  supervision  over  water  and  sewerage  nuisances  and  make 

and  enforce  rules  and  regulations  relative  to  the  same; 
Conduct    sanitary    investigations    when    deemed    necessary    for    the 

preservation  and  improvement  of  public  health; 
Investigate  nuisances  and  questions  affecting  the  security  of  life  and 

health  in  any  locality  in  the  State; 
Maintain  chemical,  bacteriological  and  biological  laboratories; 
Conduct    examinations    of    milk,    water,    sewage,    wastes    and    other 

substances ; 
Diagnose   diseases  when  deemed  necessary  for  the  people's  protec- 
tion; 
Purchase    and    distribute   to    citizens   of  the    State,    free    of   charge, 
diphtheria  antitoxin,  typhoid  vaccine,  smallpox  vaccine  and  other 
recognized  sera  vaccines  and  prophylactics; 
Obtain,    collect    and    preserve    useful    information    relative    to    mor- 
tality, morbidity  disease  and  health; 
Investigate  the  causes  of  diseases,  especially  the  causes  of  mortality, 
the   effect   of  localities   and   other   conditions   acting   upon   public 
health ; 
Keep  informed  of  the  work  of  local  health  officers  and  agencies; 
Assist  local  health  authorities  or  agencies  in  the  administration  of 

health  laws; 
Promote  the  information  of  the  general  public  in   all  health  mat- 
ters; 
Enlist  the  cooperation  of  physicians'  organizations  and  other  health 

agencies  in  the  improvement  of  health  and  sanitary  conditions; 
Make  sanitary,  sewage,  health  and  other  inspections  and  examina- 
tions for  the  charitable,  penal  and  reformatory  institutions  and 
normal  schools; 
Inspect  all  hospitals,  sanitary  and  other  municipal  institutions  and 
report  their  conditions  and  needs  to  the  authorities  having  juris- 
tion; 
Print,   publish   and  distribute   documents,   reports,   bulletins,   certifi- 
cates relating  to  the  prevention  of  diseases,  health  and  sanitary 
conditions; 


^  The  powers  of  the  State  Board  of 
Health  were  purely  administrative.  Potts  v. 
Breen   (1897),   167"  111.   67,   74. 


13 

And  generally,  exercise  the  rights,  powers  and  duties  vested  by  law 
in  the  former  State  Board  of  Health  and  its  officers,  except  as  to 
the  practice  of  medicine,  midwifery  and  the  regulation  and  exam- 
ination of  embalmers,  which  are  included  in  the  duties  and  powers 
of  the  Department  of  Registration  and  Education.     (Sec.  55,  Code.) 
The  former  State  Board  of  Health  could  discharge  the  duties  of  county 
and  township  boards  of  health  in  cases  of  their  neglect  and  refusal  to  act 
in  time  of  epidemics  (County  and  Township  Board  of  Health  Act,  Sec.  1). 

The  Department  of  Public  Health  is  required  by  the  Public  Health  Dis- 
tricts Act  to — 

Give  notice  and  conduct  competitive  examinations  for  public  health 
officers   (Sec.  16). 

12.  State  Board  of  Health  Act. 

By  the  State  Board  of  Health  Act,  the  former  State  Board  of  Health  was 
given  authority  to- — 

Declare,  enforce,  modify  or  relax  quarantine; 

Prescribe  rules  and  regulations  for  sanitation; 

Regulate  transportation  of  the  remains  of  deceased  persons; 

Investigate  the  cause  of  dangerously  contagious  or  infectious  dis- 
eases, especially  when  epidemic; 

Take  proper  measurers  to  suppress  dangerously  contagious  and  in- 
fectious diseases  that  have  become  epidemic  and  when  the  local 
authorities  have  refused  or  neglected  to  act  promptly  and  effi- 
ciently  (S'ec.  2) ; 

Prepare  forms  for  the  record  of  births,  marriages  and  deaths  (Sec.  9). 

Under  the  Amendatory  Act  of  April  21,  1899,  the  former  State  Board  of 
Health  was  required  to — ■ 

Inspect  all  lodging-houses,  boarding  houses,  taverns,  inns  and  hotels 
in  cities  of  100,000  inhabitants  or  more  to  see  that  the  provisions 
of  said  Act  were  complied  with  (Sec.  15); 

Prepare  and  provide  blanks  for  statements  required  to  be  filed  under 
section  18  of  said  Act  by  landlords,  proprietors,  keepers  and  man- 
agers of  lodging-houses,  etc.     (Sec.  18);  and 

Prescribe  rules  and  regulations  concerning  the  distribution  and  sale 

•  of  diphtheria  antitoxin  (Sec.  20). 

13.  Vital  Statistics  Act, 

The  Vital  Statistics  Act  required  the  former  State  Board  of  Health  to — - 

Prepare  and  keep  all  of  the  original  records  relative  to  registration 
of  births,  stillbirths  and  deaths  throughout  the  State  (Sec.  1)  ; 

Establish  registration  districts  consisting  of  a  city,  village  and  in- 
corporated town  and  a  township  in  counties  under  township  or- 
ganization (excepting  that  portion  of  the  township  constituting  a 
separate  registration  district),  and  a  road  district  in  counties  not 
under  township  organization  (excepting  that  portion  of  the  road 
district  constituting  a  separate  registration  district) ; 

Subdivide  registration  districts  outside  of  cities,  villages  or  incor- 
porated towns  of  less  than  100,000  population,  or  combine  into  one 
district  two  or  more  registration  districts; 

Appoint  local  registrars  for  each  newly  created  district  (Sec.  3); 

Require  the  making  of  postal  card  reports  of  births  upon  request  of 
health  officers  (Sec.  12)  ; 

Prescribe  the  form  of  register  or  record  to  be  kept  by  cemeteries  or 
other  place  of  disposition  of  a  human  body  (Sec.  11) ; 


*  Only  such  powers  are  here  stated  as  are 
not  expressly  covered  by  the  Civil  Administra- 
tive code. 


14 

Prescribe  all  forms  of  reports  of  births,  stillbirths  and  deaths; 

Print  and  supply  all  local  registrars  with  a  sufficient  number  of 
blank  forms,  except  the  short  forms  of  postal  cards  for  the  report- 
ing of  births; 

Prepare  and  issue  detailed  instructions  to  secure  uniform  enforce- 
ment of  this  Act; 

Approve  such  blank  forms  of  local  authorities  as  are  not  inconsistent 
with  the  State  forms  and  that  are  required  to  be  used  under  ordi- 
nance; 

Examine  monthly  certificates  received  from  registrars; 

Arrange,  bind  and  permanently  preserve  said  certificates; 

Prepare  and  maintain  comprehensive  card-indexes  of  all  registered 
births  and  deaths; 

Publish  annual  report  of  births  and  deaths  (Sec.  17); 

Certify  to  each  county  clerk  the  number  of  births,  stillbirths  and 
deaths  registered  in  the  county,  the  names  of  persons  entitled  to 
the  prescribed  fees,  and  the  statutory  amount  due  each  (Sec  19) ; 

Furnish  certified  copy  of  record  of  any  birth,  stillbirth  or  death  to 
any  applicant  upon  his  request  and  payment  of  50  cents  fee  (Sec. 
20);   and 

Enforce  the  provisions  of  this  Act  and  report  violations  to  prosecut- 
ing attorneys  or  to  proper  State's  attorneys  (Sec.  22). 

llj.  Ophthalmia  Neonatorum  Act. 

The  State  Board  of  Health  under  the  Ophthalmia  Neonatorum  Act  is 
charged  with  the  duty  of — 

Providing    all    authorized    obstetricians    free    of    charge    scientific 

prophylactic  for  ophthalmia  neonatorum; 
Publishing  and  distributing  throughout  the  State  and  to  physicians 
and  midwives  information  concerning  the  dangers  of  ophthalmia 
neonatorum ; 
Preparing  and  furnishing  free  of  charge  to  local  health  authorities 

appropriate  blanks; 
Reporting  violations  to  proper  prosecuting  attorneys.     (Sec.  4.) 

15.  Bar'bers'  Act. 

Under   the   Barbers'   Act,    the   former    State   Board    of   Health   was   re- 
quired to — 

Approve  sanitation  rules  and  regulations  for  barber  shops  adopted 
by  the  State  Board  of  Barbers'  Examiners.  (Now  the  Depart- 
ment of  Registration  and  Education)   Sec.  11. 

16.  Lodging  House  Act. 

By  the  Lodging  House  Act,  the  former  State  Board  of  Health  was  re- 
quired to — 

Formulate  sanitation  rules  for  inns,  hotels,  or  public  lodging  houses 
(Sec.  5); 

Print  and  forward  to  each  hotel,  inn  or  public  lodging  house  a 
sufficient  number  of  copies  of  the  Lodging  House  Act  (Sec.  7). 

11.  Occupational  Diseases  Act. 

The   Occupational    Diseases   Act   required    the    former    State    Board    of 
Health  to— 

Prepare  and  furnish  blanks  for  physical  examinations  to  detect  occu- 
pational diseases  (Sec.  4); 

Transmit  physical  examination  reports  concerning  occupational  dis- 
eases to  the  niinois  Department  of  Factory  Inspection  (Sec.  5). 


15 

18.  Rabies'  Act. 

By  the  Rabies'  Act,  the  former  Sta<,e  Board  of  Health  was  required  to — 
Select   an   institution   for  the   treatment  of  poor  persons  suffering 
from  rabies   (Sec.  1). 

19.  Nonexecutive  Duties. 

The  general  powers  and  duties  of  the  advisory  and  nonexecutive  officers 
are  to — 

Consider  and  study  the  entire  field  of  the  particular  department; 
Advise  the  executive  officers  of  the  department  upon  their  request; 
Recommend  policies  and  practices  upon  their  own  initiative; 
Make  recommendations  and  render  advice  to  the  Governor  and  to 

the  General  Assembly; 
Investigate  the  conduct  of  the  work  of  the  department; 
Adopt  rules; 

Hold  at  least  quarterly  meetings; 
Notify  the  Governor  and  the  Director  of  the  department  of  the  time 

and  place  of  all  meetings,  and  permit  them  to  be  present;  and 
Keep  public  minutes,  to  be  filed  with  the  Director.     (Sec.  8,  Code.) 


16 


LAWS. 

ORGANIZATION,  JURISDICTION  AND  POWERS. 
Ay  Act  to  create  and  establish  a  Board  of  Health  in  the  State  of  Illinois, 
Approved  May  28,  in  force  July  1,  1811.    Laws  1811,  p.  208. 

20.  State  Board  of  Health,  Appointment,  Term  of  Office,  Vacancies. 

Sections'  1.  Be  it  enacted  'by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  Governor,  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  seven  persons,  who  shall  constitute  the 
Board  of  Health.  The  persons  so  appointed  shall  hold  their  offices  for  seven 
years:  Provided,  that  the  terms  of  office  of  the  seven  first  appointed  shall  be 
so  arranged  that  the  term  of  one  shall  expire  on  the  thirtieth  day  of  Decem- 
ber of  each  year;  and  the  vacancies  so  created,  as  well  as  all  vacancies 
occurring  otherwise,  shall  be  filled  by  the  Governor,  with  the  advice  and  con- 
sent of  the  Senate:  A7id  provided,  also,  that  appointments  made  when  the 
Senate  is  not  in  session  may  be  confirmed  at  its  next  ensuing  session.^ 

21.  Powers  and  Duties,  Generally. 

Sec.  2.  The  State  Board  of  Health  shall  have  the  general  supervision  of 
the  interests  of  the  health  and  lives  of  the  people  of  the  State.*  They  shall 
have  supreme  authority  in  matters  of  quarantine,  and  may  declare  and  en- 
force quarantine  when  none  exists,  and  may  modify  or  relax  quarantine 
when  it  has  been  established.  The  board  shall  have  authority  to  make  such 
rules  and  regulations  °  and  such  sanitary  investigations  as  they  may  from 
time  to  time  deem  necessarj^  for  the  preservation  and  improvement  of  the 
public  health,  and  they  are  empowered  to  regulate  the  transportation  of  the 
remains  of  deceased  persons.  It  shall  be  the  duty  of  all  local  boards  of 
health,  health  authorities  and  officers,  police  officers,  sheriffs,  constables  and 
all  other  officers  and  employees  of  the  State  or  any  county,  village,  city  or 
township  thereof,  to  enforce  the  rules  and  regulations  that  may  be  adopted 
by  the  State  Board  of  Health. 

It  shall  be  the  duty  of  the  State  Board  of  Health  to  investigate  into  the 
cause  of  dangerously  contagious  or  infectious  diseases,  especially  when  exist- 
ing in  epidemic  form,  and  to  take  means  to  restrict  and  suppress  the  same,  and 
whenever  any  dangerously  contagious  or  infectious  disease  shall  become,  or 
threaten  to  become  epidemic,  in  any  village  or  city,  and  the  local  board  of 
health  or  local  authorities  shall  neglect  or  refuse  to  enforce  efficient  measures 
for  its  restriction  or  suppression  or  to  act  with  sufficient  promptness  or 
efficiency,  or  whenever  the  local  board  of  health  or  local  authorities  shall 
neglect  or  refuse  to  promptly  enforce  efficient  measures  for  the  restriction  or 
suppression  of  dangerously  contagious  or  infectious  diseases,  the  State  Board 
of  Health  or  their  secretary,  as  their  executive  officer,  when  the  board  is 
not  in  session,  may  enforce  such  measures  as  the  said  board  or  their  execu-  . 


'  The    Civil    Administrative    code    repealed        ing  a  general  application  and  the  force  of  law,, 
this   section   by   implication.  in    the    absence    of    actual    or    threatened    epi- 

demic   of    small-pox,    to    require    the    vaccina- 

*  The  general  terms  employed  in  this  sec-        tion    of    children    as    a    condition    precedent   to 
tion   are   restricted  by   the   more   specific   pow-        their    admission    to    public    schools.      Potts    v. 
ers    and    duties    conferred   upon   the    Board   by        ^''^^"'   (1S97),  16/    111.   67,  76. 
the  act  as^a  whole.     Potts  v.  Breen  (1897),  111.  ^'or   has   a   municipality   by  ordinance  the 

167,   67,   71.  power    to    exclude    unvaccinated    children    from 

public    schools   under   the    same    circumstances. 

=  The  State  Board  of  Health,  under  the  act        Lau-haugh  v.    Board  of  Education    (1899),   177 
of   May   28,   1877   had  no   power  by  rule  hav-        111.   572. 


17 

tive  officer  may  deem  necessary  to  protect  the  public  health,  and  all  neces- 
sary expenses  so  incurred  shall  be  paid  by  the  city  or  village  for  which 
services  are  rendered. 

The  State  Board  of  Health  may  establish  and  maintain  a  chemical  and 
bacteriologic  laboratory  for  the  examination  of  public  water  supplies,  and 
for  the  diagnosis  of  diphtheria,  typhoid  fever,  tuberculosis,  malarial  fever 
and  such  other  diseases  as  they  may  deem  necessary  for  the  protection  of 
the  public  health.*^  (Amended  by  Act  filed  May  18,  in  force  July  1,  1907. 
L.  1907,  p.  537.) 

22.  Births  and  Deaths,  Registration,  Legislation. 

Sec.  3.  The  Board  of  Health  shall  have  supervision  of  the  State  system 
of  registration  of  births  and  deaths,  as  hereinafter  provided;  they  shall 
make  up  such  forms,  and  recommend  such  legislation  as  shall  be  deemed 
necessary  for  the  thorough  registration  of  vital  and  mortuary  statistics 
throughout  the  State.  The  secretary  of  the  board  shall  be  the  superintendent 
of  such  registration.  The  clerical  duties,  and  the  safe  keeping  of  the  bureau 
of  vital  statistics  thus  created,  shall  be  provided  by  the  Secretary  of  S.tate. 

(Sections  4  to  6  are  repealed.) 

23.  Rules  and  Regulations,   Violation,  Penalty. 

Sec.  7.  Any  person  who  violates  or  refuses  to  obey  any  rule  or  regulation 
of  said  State  Board  of  Health  shall  be  liable  to  a  fine  not  to  exceed  §200.00 
for  each  offense  or  imprisonment  in  the  county  jail  not  exceed (ing)  six 
months,  or  both,  in  the  discretion  of  the  court.  All  prosecutions  and  pro- 
ceeding's instituted  by  the  State  Board  of  Health  for  violation  of  their  rules 
and  regulations  shall  be  instituted  by  the  board  or  by  their  executive  officer, 
and  it  shall  be  the  duty  of  the  State's  Attorney  in  each  county  to  prosecute 
all  persons  in  his  county  violating  or  refusing  to  obey  the  rules  and  regu- 
lations of  the  State  Board  of  Health."  All  fines  or  judgments  collected  or 
received  shall  be  paid  over  to  the  State  Treasurer  and  credited  to  the  fund 
created  for  the  support  of  the  State  Board  of  Health.  (Amended  by  Act 
above.) 
2Ji.  Vital  Statistical  Registers,  Annual  Report. 

Sec.  8.  The  county  clerks  of  the  several  counties  in  the  State  shall  be 
required  to  keep  separate  books  for  the  registration  of  the  names  and  post- 
office  address  of  physicians  and  accouchers,  for  births,  for  marriages,  and 
for  deaths;  said  books  shall  always  be  open  to  inspection  without  fee;  and 
said  county  clerks  shall  be  required  to  render  a  full  and  complete  report  of 
all  births,  marriages  and  deaths  to  the  secretary  of  the  board  of  health, 
annually,  and  at  such  other  times  as  the  board  may  direct.^ 

25.  Vital  Statistics,  Forms. 

Sec.  9.  It  shall  be  the  duty  of  the  board  of  health  to  prepare  such 
forms  for  the  record  of  births,  marriages  and  deaths,  as  they  may  deem 
proper;  the  said  forms  to  be  furnished  by  the  secretary  of  said  board,  to  the 
county  clerks  of  the  several  counties,  whose  duty  it  shall  be  to  furnish  them 
to  such  persons  as  are  herein  required  to  make  reports. 

26.  Organization,  By-Laws,  Meetings. 

Sec.  10.  The  first  meeting  of  the  board  shall  be  within  fifteen  days  after 
their  appointment,  and  thereafter  in  January  and  June  of  each  year,  and  at 

'  The    Civil    Administrative    code    partially  27.5  ;  Sec.  7,  Chap.  126a  Kurd's  Statutes  1915- 

repealed  this  section.  ■'•°' 

,  '  .\n    undertaker's    report    of    death    is    no 

'  It  is  made  the  duty  of  State  s  attorneys  pg^t   of  the   records  kept  by   the  county   clerk 

of    the    respective    counties    to    prosecute    viola-  under    section    8    of    the   act   of   May    28,    1877 

tions  of  the  rules  and   regulations   of  the  State  and   is  inadmissible  in   evidence  as  a   document 

Board   of   Health  and  said  Board  has  no  power  required  to  be  kept  by  statute.      Globe  .Vutual 

or   authority   to   employ   attornevs   for   the   pur-  Life   Ins.    Co.    v.    Meyer    (1905),    118    111.    App. 

pose.      Fergus   v.    Russel    (1915),    270   111.    304,  155,  160. 

— 2  D  P  H 


18 

such  other  times  as  the  board  shall  deem  expedient.  The  meeting  in  Jan- 
uary of  each  year  shall  be  in  Springfield.  A  majority  shall  constitute  a 
quorum.  They  shall  choose  one  of  their  number  to  be  president,  and  they 
may  adopt  rules  and  by-laws  for  their  government,  subject  to  the  provisions 
of  this  Act.'' 

21.  Executive  Officer,  Salary  and  Expenses,  Duties,  Members'  Compensation. 
Sec.  11.  They  shall  elect  a  secretary  who  shall  be  the  executive  officer 
of  said  board,  and  he  shall  perform  such  duties  as  may  be  prescribed  by 
this  Act  and  by  said  board.  The  salary  of  the  secretary  and  executive  offi- 
cer for  the  month  of  January,  1916,  shall  be  $3,150,  and  thereafter  shall  be 
$5,400  per  annum  payable  in  monthly  installments,  and  shall  receive  no 
other  salary  or  compensation,  provided  always  that  he  shall  receive  his 
traveling  and  other  expenses  incurred  in  the  performance  of  his  official  duties. 
The  other  members  of  the  board  shall  receive  no  compensation  for  their 
services,  except  such  compensation  as  is  provided  under  section  3b  of  an 
act  entitled,  "An  Act  to  regulate  the  practice  of  medicine  in  the  State  of  Illi- 
nois and  to  repeal  an  Act  therein  named,"  approved  April  24,  1899,  in  force 
July  1,  1899,  as  subsequently  amended;  but  their  traveling  and  other  ex- 
penses, while  employed  on  business  of  the  board,  shall  be  paid.  The  traveling 
and  other  expenses  of  the  secretary  shall  be  paid  on  vouchers  approved  by 
the  president  of  the  board,  and  the  Auditor  of  Public  Accounts  shall  draw 
his  warrant  on  the  Treasurer  for  the  amount.  (Amended  by  Act  approved 
and  in  force  December  3,  1915.     L.  S.  S.  1915,  p.  37.) 

28.  Annual  Ueports,  Requisites. 

Sec.  12.  It  shall  be  the  duty  of  the  Board  of  Health  to  make  an  annual 
report,  through  their  secretary,  or  otherwise,  in  writing,  to  the  Governor  of 
this  State,  on  or  before  the  first  day  of  January  of  each  year;  and  such  re- 
port shall  include  so  much  of  the  proceedings  of  the  board,  and  such  informa- 
tion concerning  vital  statistics;  such  knowledge  respecting  diseases,  and 
such  instruction  on  the  subject  of  hygiene,  as  may  be  thought  useful  by  the 
board,  for  dissemination  among  the  people,  with  such  suggestions  as  to  legis- 
lative action,  as  they  may  deem  necessary. 

Sec.  13.    (Appropriation   in   1877.) 

Sec.  14.   (Rooms  or  Quarters.) 

29.  Lodging  Houses,  Etc.,  Supervision  and  Inspection,  Penalty. 

Sec.  15.  The  State  Board  of  Health  shall  have  supervision  of  all  lodging 
houses,  boarding  houses,  taverns,  inns,  and  hotels,  in  cities  of  one  hundred 
thousand  inhabitants  or  more,  as  hereinafter  provided.  They  shall  from 
time  to  time  inspect,  or  cause  to  be  inspected,  all  such  lodging  houses,  board- 
ing houses,  taverns,  inns  and  hotels,  to  see  that  the  provisions  of  this  Act 
are  duly  and  properly  observed  by  the  landlords,  proprietors,  keepers,  man- 
agers and  clerks,  of  such  lodging  houses,  boarding  houses,  taverns,  inns  and 
hotels;  and  any  landlord,  proprietor,  keeper,  manager,  clerk,  employee,  or 
other  person  connected  with  any  such  lodging  house,  boarding  house,  tavern, 
inn,  or  hotel,  who  shall  interfere  with  or  obstruct  any  such  inspection,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
exceeding  $100."  (Amended  by  Act  approved  May  10,  in  force  July  1,  1901. 
L.  1901,  p.  304.) 

30.  Sleeping  Rooms,  Size,  Space  Between  Beds,  Yentilation,  Penalty. 

Sec.  16.  It  shall  be  unlawful  for  any  landlord,  proprietor,  keeper,  man- 
ager or  clerk  of  any  lodging  house,  boarding  house,  tavern,  inn  or  hotel,  to 
permit  any  room  in  such  lodging  house,  boarding  house,  tavern,  inn  or  hotel, 
to  be  used  or  occupied  for  sleeping  purposes,  which  does  not  contain  four 
hundred    (400)    cubic  feet  or  more  of  air  space   for   each  person   sleeping 


®  The  Civil  Administrative  code  repealed  this  Act  referred  solely  to  lodging  houses  and 
ihis  section  and  sections  11  and  12  by  Im-  were  therefore  held  invalid  as  class  legisla- 
plication.  tion.     Bailey  v.    People    (1901),   190   111.    28. 

^^  Before   the   amendment   of   this   and    the 
following    section    in    1901,    the    provisions    of 


19 

therein  at  the  same  time;  and  in  every  room  in  any  lodging  house,  boarding 
house,  tavern,  inn  or  hotel,  containing  more  than  one  bed,  the  beds  shall  be 
so  arranged  as  to  leave  a  passageway  of  not  less  than  two  feet  horizontally 
on  all  sides  of  each  bed;  and  all  beds  shall  be  so  arranged  that  under  each 
of  them  the  air  shall  freely  circulate,  and  there  be  adequate  ventilation. 

Any    landlord,   proprietor,    keeper,    manager,    clerk,    employee,    or    other 

person  connected   with   any  lodging  house,  boarding  house,  tavern,  inn   or 

hotel,  violating  any  of  the  provisions  of  this  section,  shall  be  guilty  of  a 

misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding 

1  $100,  nor  less  than  $25.     (Amended  by  Act  above.) 

'  31.  Lodging  House,  Register,  Inspection,  Penalty. 

Sec.  17.  The  landlord,  proprietor,  keeper,  manager,  or  clerk,  of  every 
such  lodging  house,  boarding  house;  tavern,  inn  or  hotel,  shall  keep  in  the 
office,  or  other  public  place  therein,  a  register,  in  which  shall  be  entered  the 
name  and  residence  of  every  person  who  becomes  a  lodger,  boarder  or  guest 
in  said  lodging  house,  boarding  house,  tavern,  inn  or  hotel,  and  such  register 
shall  also  show  the  number  of  the  room  or  bed  occupied  by  such  person, 
and  shall  show  the  date  of  his  arrival,  and  the  period  for  which  he  engaged 
board  or  lodging.  Such  register  shall  always  be  accessible,  without  charge, 
to  any  officer  or  duly  authorized  agent  of  said  State  Board  of  Health.  Any 
landlord,  proprietor,  keeper,  manager  or  clerk,  of  such  lodging  house,  board- 
ing house,  tavern,  inn  or  hotel,  violating  any  of  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a  pen- 
alty of  not  less  than  $25,  and  not  to  exceed  $100.     (Amended  by  Act  above.) 

32.  Annual   Statements,    Contents,   Forms,   Filing,   Penalty. 

Sec.  18.  Within  thirty  days  from  the  date  upon  which  this  Act  shall  take 
effect,  and  upon  the  first  day  of  March,  of  each  succeeding  year,  the  land- 
lord, proprietor,  keeper,  or  manager,  of  every  such  lodging  house,  boarding 
house,  tavern,  inn  or  hotel,  shall  file  with  the  county  clerk  of  the  county  in 
which  such  lodging  house,  boarding  house,  tavern,  inn  or  hotel  is  located,  a 
written  statement,  sworn  to  by  him;  which  statement  shall  contain  the  name 
of  the  person  making  the  statement;  whether  such  person  is  the  landlord, 
proprietor,  keeper  or  manager,  of  such  lodging  house,  boarding  house,  tavern, 
inn,  or  hotel;  the  location  of  such  lodging  house,  boarding  house,  tavern,  inn 
or  hotel,  according  to  the  city,  street  and  number;  the  period  of  time  during 
which  such  person  has  been  the  landlord,  proprietor,  keeper  or  manager,  of 
such  lodging  house,  boarding  house,  tavern,  inn  or  hotel;  the  period  of  time 
during  which  such  lodging  house,  boarding  house,  tavern,  inn  or  hotel  has 
been  continuously  operated  as  such;  the  number  of  guests  or  persons  then 
stopping  in  said  lodging  house,  boarding  house,  tavern,  inn  or  hotel;  the 
greatest  number  of  persons  who  stopped  in  said  lodging  house,  boarding 
house,  tavern,  inn  or  hotel,  upon  any  day  within  the  thirty  days  immediately 
preceding  the  date  of  such  sworn  statement;  the  smallest  number  of  persons 
upon  any  day  within  said  period  of  thirty  days;  the  total  number  of  rooms 
contained  in  such  lodging  house,  boarding  house,  tavern,  inn  or  hotel;  the 
number  of  sleeping  rooms  contained  in  such  lodging  house,  boarding  house, 
tavern,  inn  or  hotel:  the  length  and  breadth  of  the  building  in  which  such 
lodging  house,  boarding  house,  tavern,  inn  or  hotel  is  located;  the  number 
of  stories  comprised  in  such  building;  the  number  of  stories  and  parts  of 
stories,  in  such  building,  occupied  by  such  lodging  house,  boarding  house, 
tavern,  inn  or  hotel;  the  complete  dimensions,  in  feet,  respectively,  of  the 
smallest  and  largest  sleeping  room  contained  in  such  lodging  house,  board- 
ing house,  tavern,  inn  or  hotel,  and  the  number  of  beds  contained  in  said 
largest  sleeping  room.  Such  statement  shall  be  made  upon  blanks  furnished 
to  the  county  clerk  by  the  State  Board  of  Health,  for  that  purpose. 

Any  landlord,  proprietor,  keeper  or  manager,  of  any  lodging  house, 
boarding  house,  tavern,  inn  or  hotel  who  fails  or  refuses  to  make  and  file, 
within  and  at  the  time  herein  mentioned,  the  statement  required  by  this 
section  to  be  made,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  $25,  nor  more  than  $100. 
(Amended  by  Act  above.) 


20 

33.  Anti-toxin,  Distribution,  Agents,  Expenses. 

Sec.  20.  It  shall  be  the  duty  of  the  board  of  health  of  the  State  of 
Illinois  to  appoint  one  agent  in  the  county  seat  of  each  county  in  the  State 
who  shall  have  for  distribution,  as  herein  provided,  diphtheria  anti-toxin, 
certified  to  by  the  board  of  health  of  the  State  of  Illinois,  it  being  the  duty 
of  such  agents  to  sell  such  anti-toxin  at  a  fair  and  reasonable  price  to  all 
physicians  and  others  applying  for  and  needing  the  same,  unless  the  person 
applying  for  and  needing  the  same  shall  be  unable  to  purchase  the  same,  in 
which  case  such  anti-toxin  shall  be  furnished  on  an  order  from  the  overseer 
of  the  poor  or  supervisor  of  township,  to  be  paid  for  by  the  respective  coun- 
ties in  which  such  order  is  made.  And,  j)rovided,  further,  that  more  than 
one  agent  may  be  appointed  in  counties  where  necessary  for  the  convenience 
of  the  people,  at  the  discretion  of  the  board  of  health  of  the  State  of  Illinois: 
Providing,  further,  that  any  necessary  expense  incurred  by  the  board  of 
health  of  the  State  of  Illinois,  in  the  appointment  of  agents  and  in  supplying 
such  anti-toxin  shall  be  paid  from  the  funds  appropriated  for  the  making 
of  investigations  and  the  prevention  of  the  spread  of  diphtheria  and  other 
contagious  diseases:  Providing,  further,  that  the  board  of  health  of  the 
State  of  Illinois  be  and  is  hereby  authorized  to  make  such  rules  and  regu- 
lations as  may  be  necessary  to  carry  out  the  provisions  of  this  section. 
(Added  by  amendment  by  Act  approved  May  13,  in  force  July  1,  1905. 
L.  1905,  p.  387.) 

An  Act  to  create  and  establish  hoards  of  health  in  counties  not  under  town- 
ship organization  and  in  townships  in  counties  under  township  organiza- 
tions outside  of  the  corporate  limits  of  incorporated  cities  and  villages 
to  prescribe  their  duties  and  powers  and  provide  for  enforcing  the  same. 
Approved  May  20,  in  force  Jiily  1,  1901.    L.  1901,  p.  91. 

SJf.  Boards  of  Health,  County  and  Township,  Creation,  Quarantine  Rules 
and  Regulations,  State  Board  of  Health. 
Section  1.  The  board  of  county  commissioners  in  counties  not  under 
township  organization,  and  the  supervisor,  assessor  and  town  clerk  of  every 
town  in  counties  under  township  organization,  shall  constitute  a  board  of 
health,  and  on  the  breaking  out  of  any  dangerously  communicable  diseases 
in  their  county  or  town,  or  in  the  immediate  vicinity  thereof,  it  shall  be 
their  duty  to  make  and  enforce  such  rules  and  regulations  tending  to  check 
the  spread  of  the  disease  within  the  limits  of  such  county  or  town  as  may 
be  necessary;  and  for  this  purpose  they  shall  have  power  to  quarantine  any 
house  or  houses  or  place  where  any  infected  person  may  be,  and  cause  no- 
tices of  warning  to  be  put  thereon,  and  to  require  the  disinfection  of  the 
house  or  place:  Provided,  that  nothing  in  this  Act  shall  apply  to  any  terri- 
tory lying  within  the  corporate  limits  of  any  incorporated  city  or  village: 
Provided,  further,  that  in  case  the  board  of  health  in  any  county  not  under 
township  organization,  or  of  any  township  in  counties  under  township  organ- 
ization shall  fail,  refuse  or  neglect  to  promptly  take  the  necessary  measures 
to  preserve  the  public  health,  or  in  case  any  such  board  of  health  shall 
refuse  or  neglect  to  carry  out  the  rules  and  regulations  of  the  State  Board 
of  Health,  that  thereupon  the  State  Board  of  Health  may  discharge  such 
duties  and  collect  from  the  county  or  township,  as  the  case  may  be,  the 
reasonable  costs,  charges  and  expenses  incurred  thereby.  (Amended  by 
Act  approved  May  16,  in  force  July  1,  1903.    L.  1903,  p.  136.) 

S5.  Powers  and  Duties,  Generally. 

Sec.  2.  The  said  boards  of  health  shall  have  the  following  powers: 
•  First — To  do  all  acts,  make  all  regulations  which  may  be  necessary  or 
expedient  for  the  promotion  of  health  or  the  suppression  of  disease. 

Second — To  appoint  physicians  as  health  officers  and  prescribe  their 
duties. 

Third — To  incur  the  expenses  necessary  for  the  performance  of  the  du- 
ties and  powers  enjoined  upon  the  board. 

Fourth — To  provide  gratuitous  vaccination  and  disinfection. 


21 

Fifth — To  require  reports  of  dangerously  communicable  diseases. 
(Amended  by  Act  approved  May  16,  in  force  July  1,  1903.     L.  1903,  p.  136.) 

36.  Rules  and  Regulations,  Violation,  Penalty,  Fiends,  Payment. 

Sec.  3.  Any  person  who  shall  violate  or  refuse  to  obey,  any  rule  or  regu- 
lation of  the  said  board  of  health,  shall  be  liable  to  a  fine  not  exceeding  $200 
for  each  offense,  or  imprisonment  in  the  county  jail  not  to  exceed  six  months, 
or  both,  in  the  discretion  of  the  court. 

All  fines  collected  under  the  provisions  of  this  Act  shall  be  paid  into  the 
county  treasury  of  the  county  in  which  the  suit  is  brought,  to  be  used  for 
county  purposes,  and  it  shall  be  the  duty  of  the  State's  attorney  in  the 
respective  counties  to  prosecute  all  persons  violating,  or  refusing  to  obey, 
the  rules  of  said  local  boards  of  health. 

31.  Annual  Report,  Records. 

Sec.  4.  The  clerk  of  the  board  of  county  commissioners,  or  the  town 
clerk,  as  the  case  may  be,  shall  keep  a  full  record  of  all  the  doings  of  said 
board  and  report  the  same  to  the  annual  meeting  of  such  board  of  county 
commissioners,  or  town  board. 

38.  Compensation  and  Expenses. 

Sec.  5.  The  members  of  said  boards  of  health  shall  be  allowed  for  the 
time  spent  in  the  performance  of  their  said  duties,  each  the  sum  of  $1.50 
per  daj%  which,  together  with  all  bills  by  them  contracted  and  all  sums  of 
money  by  them  expended,  shall  be  audited  and  paid  in  the  same  manner  as 
other  county  and  town  expenses.  (Amended  by  Act  approved  May  16,  in 
force  July  1,  1903.    L.  1903,  p.  137.) 

39.  Repeal. 

Sec.  6.  Sections  one  (1),  two  (2),  and  three  (3)  of  Article  XIV  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  township  organization," 
approved  and  in  force  March  4,  1S74,  and  all  Acts  or  parts  of  Acts  conflicting 
herewith  are  hereby  repealed. 

40.  Boards  of  Health,  Cities  and  Tillages. 

Under  the  Cities  and  Villages  Act,  the  city  council  in  cities  and  the 
board  of  trustees  in  villages  have  power  to  appoint  a  board  of  health  and 
prescribe  its  duties  and  powers.  (Par.  62,  Sec.  1,  CI.  76,  Hurd's  Stats.  .1915- 
1916,  pp.  304,  308.) 

In  cities  under  the  commission  form  of  government  the  statute  provides 
for  a  department  of  public  health  and  safety,  administered  by  a  commissioner, 
whose  duties  are  prescribed  by  ordinance  in  the  same  manner  as  in  other 
cases.     (Pars.  193b  23-24,  Chap.  24,  Hurd's  Stats.  1915-1916,  p.  340.) 

An  Act  to  authorize  the  organization  of  public  health  districts  and  for  the 
estahlishment  and  maintenance  of  a  health  department  for  the  same. 
Filed  June  26,  in  force  July  1,  1917.     L.  1917.  p.  763. 
J/l.  Public  Health  Districts,  Organization. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  Any  town,  or  two  or  more  adjacent  towns 
In  counties  under  township  organization,  or  any  road  district,  or  two  or 
more  road  districts  in  counties  not  under  township  organization,  or  any 
town  or  towns  in  a  county  under  township  organization  and  an  adjacent  road 
district  or  road  districts  in  a  county  not  under  township  organization,  may  be 
organized  into  a  public  health  district. 

-'{2.  Town  or  Road  District,  Submission  to  Voters. 

Sec.  2.  Upon  a  petition  containing  the  signatures  of  legal  voters  in 
number  not  less  than  five  per  cent  of  the  total  vote  cast  in  any  town  or  road 
district,  and  filed  with  the  town  or  road  district  clerk  at  least  thirty  days 
before  the  regular  town  or  road  district  election,  the  proposition  of  erecting 
such  town  or  road  district  into  a  public  health  district  shall  be  submitted 
to  a  vote  of  the  people  at  the  next  regular  town  or  road  district  election  in 
the  manner  provided  by  this  Act. 


22 

43.  Several  Towns  or  Road  Districts,  Submission  to  Voters. 

Sec.  3.  Upon  a  petition  requesting  that  two  or  more  adjacent  towns  or 
road  districts  be  erected  into  a  tiealth  district  and  containing  the  signatures 
of  legal  voters  in  number  not  less  than  five  per  cent  of  the  total  vote  cast  in 
each  of  two  or  more  adjacent  towns  or  road  districts,  and  filed  with  the 
county  clerk  at  least  thirty  days  before  the  regular  town  or  road  district 
election,  the  proposition  of  erecting  such  towns  or  road  districts,  or  town 
and  road  district,  into  a  public  health  district  shall  be  submitted  to  a  vote 
of  the  people  of  such  towns  or  road  districts  at  the  next  regular  town  or 
road  district  election  in  the  manner  provided  by  this  Act. 

Where  the  towns  or  road  districts  desiring  to  be  erected  into  a  health, 
district  are  in  two  or  more  counties,  the  petition  shall  be  filed  with  the 
county  clerk  of  the  county  in  which  the  greater  population  of  the  proposed 
health  district  is  located. 

J/'i.  Toion  or  Road  District's  Election,  Notice. 

Sec.  4.  Upon  the  filing  of  such  petition  with  the  town  or  road  district 
clerk,  the  town  or  road  district  clerk  shall,  when  giving  notice  of  the  holding 
of  the  next  regular  town  or  district  election,  also  give  notice  that  a  vote  will 
be  taken  at  the  regular  town  or  district  election  for  or  against  the  proposi- 
tion of  the  erection  of  the  town  or  road  district  into  a  public  health  district. 

43.  Several  Towns  or  Road  Districts'  Election,  Notice. 

Sec.  5.  Upon  the  filing  of  such  petition  with  the  county  clerk,  such 
county  clerk  shall,  at  least  twenty  days  prior  to  the  regular  town  or  district 
election,  certify  to  the  town  or  district  clerk  of  each  town  or  road  district, 
petitions  for  which  are  on  file  in  his  office  requesting  that  such  tpwns  or  road 
districts  be  erected  into  a  public  health  district,  that  the  proposition  of 
erecting  such  towns  or  road  districts  (naming  them)  will  be  -submitted  to  a 
vote  of  the  people  of  the  towns  or  road  districts  at  the  regular  town  or  road 
district  election.  The  town  or  district  clerk  shall,  when  giving  notice  of  the 
holding,  of  the  next  regular  town  or  district  election,  also  give  notice  that  a 
vote  will  be  taken  at  the  town  or  district  election  for  or  against  the  erection 
of  the  towns  or  road  districts  (naming  them)  into  a  public  health  district. 

4^6.  Ballot,  Form. 

Sec.  6.  The  proposition  shall  be  voted  upon  in  the  same  manner  as  a 
constitutional  amendment  or  other  public  measure. 

When  the  proposition  to  be  voted  upon  is  to  erect  a  town  or  road  district 
into  a  public  health  district,  the  proposition  may  be  substantially  in  the 
following  form: 


Shall  this (town  or  road  district)      I  YES 


be  erected  into  a  public  health  district?  NO 


When  the  proposition  to  be  voted  upon  is  to  erect  two  or  more  adjacent 
towns  or  road  districts  into  a  public  health  district,  the  proposition  may  be 
substantially  in  the  following  form: 


Shall  this (town  or  road  district) 

unite  with  the (town  or  road   district) 

of to  form  a  public  health  district? 


YES 


NO 


Ji7.  Number  of  Votes  Necessary. 

Sec.  7.  When  the  proposition  voted  upon  is  to  erect  a  single  town  or 
road  district  into  a  public  health  district,  such  proposition  shall  be  carried 
if  a  majority  of  those  voting  upon  the  proposition  shall  vote  "yes." 


23 

When  the  proposition  voted  upon  is  to  erect  two  or  more  adjacent  towns 
or  road  districts  into  a  health  district,  such  proposition  shall  be  carried  it 
the  majority  of  those  voting  upon  the  proposition  in  each  town  or  road 
district  shall  vote  "yes." 

^S.  Town  or  Road  Districts'  Ballots,  Counting. 

Sec.  8.  When  the  proposition  is  submitted  to  the  voters  of  a  single  town 
or  road  district,  the  ballots  shall  be  counted,  the  returns  canvassed  and  the 
result  declared  as  in  the  case  of  a  regular  town  or  district  election. 

49.  Several  Towns  or  Road  Districts'  Ballots,   Counting. 

Sec.  9.  When  the  proposition  is  submitted  to  the  voters  of  two  or  more 
adjacent  towns  or  road  districts,  the  ballots  shall  be  counted  and  the  returns 
made  to  the  county  clerk  of  the  county  wherein  the  petition  was  filed  as  in 
the  case  of  returns  to  the  county  clerk  at  a  general  election.  The  returns 
shall  be  opened  and  canvassed  by  the  county  clerk,  with  the  assistance  of 
two  justices  of  the  peace  of  the  county,  and  the  result  declared. 

50.  Result  of  Election,  Evidence. 

Sec.  10.  The  town  or  district  clerk,  or  the  county  clerk,  as  the  case  may 
be,  shall  record  the  result  of  the  vote  upon  the  proposition  and  such  result 
may  be  proved  in  all  courts  and  in  all  proceedings  by  such  record  or  by  a 
certified  copy  thereof. 

51.  Board  of  Health  Defined. 

Sec.  11.  In  counties  not  under  township  organization  the  county  com- 
missioners shall  be  the  board  of  health  for  each  public  health  district  in 
the  county. 

■  Where  a  public  health  district,  in  counties  under  township  organization, 
consists  of  a  single  town,  the  supervisor,  assessor  and  town  clerk  of  such, 
town  shall  be  the  board  of  health  for  such  public  health  district. 

Where  a  public  health  district  consists  of  two  or  more  adjacent  towns, 
the  supervisors  of  such  towns,  together  with  the  chairman  of  the  county 
board,  shall  be  the  board  of  health  for  such  public  health  district. 

Where  a  public  health  district  consists  of  a  town  or  towns  in  a  county 
under  township  organization  united  with  a  road  district  or  road  districts 
in  a  county  not  under  township  organization,  the  supervisor  or  supervisors 
of  the  town  or  towns,  together  with  the  road  district  clerk  or  road  district 
clerks,  shall  be  the  board  of  health  for  such  public  health  district. 

A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction  of 
business. 

52.  Board  of  Health,  Organization,  Meetings. 

Sec.  12.  The  board  of  health  shall  meet  in  some  convenient  place  in 
the  public  health  district  within  two  weeks  after  the  declaration  of  the 
result  of  the  election,  and  shall  elect  from  their  own  number  a  chairman 
and  a  secretary,  and,  either  from  their  own  number  or  otherwise,  a  treasurer. 

53.  Public  Health  District,  Corporate  Name. 

Sec.  13.  The  board  of  health  shall,  at  its  first  meeting,  select  a  suitable 
name  for  the  public  health  district  and  file  the  same  with  the  county  clerk, 
or  county  clerks,  of  the  county  or  counties  in  which  the  district  is  located, 
and  thenceforth  the  public  health  district  shall  be  a  body  corporate  and  shall 
be  known  by  that  name.  Upon  the  filing  of  such  name  with  the  county  clerk, 
or  county  clerks,  the  public  health  district  shall  be  deemed  to  be  completely 
organized. 

5.'t.  Ptiblic  Health  District,  Judicial  Notice. 

Sec.  14.  All  courts  shall  take  judicial  notice  of  all  public  health  districts 
organized  under  this  Act. 


34 

55.  Board  of  Health,  Powers  and  Duties. 

Sec.  15.  Each  board  of  health  shall  have  power  and  it  shall  be  its  duty: 

1.  To  hold  an  annual  meeting  on  the  second  Tuesday  in  April  of  each 
year,  at  which  meeting  officers  shall  be  elected  for  the  ensuing  year; 

2.  To  hold  meetings  quarterly  on  the  second  Tuesday  of  January,  April, 
July  and  October; 

3.  To  hold  special  meetings  upon  a  written  request  signed  by  two  mem- 
bers and  filed  with  the  secretary; 

4.  To  levy,  annually,  in  addition  to  all  other  taxes  which  are  now  or 
hereafter  may  be  authorized  to  be  levied  on  the  aggregate  valuation  of  all 
property  within  the  public  health  district,  a  special  "public  health  tax,"  not 
to  exceed  four  mills  on  the  dollar  on  all  taxable  property  embraced  within 
such  public  health  district,  according  to  the  valuation  of  the  same  as  made 
for  the  purpose  of  State  and  county  taxation,  to  form,  when  collected,  a  fund 
to  be  known  as  the  "public  health  fund;" 

5.  To  appoint  a  public  health  officer  from  a  list  of  eligibles  supplied  by 
the  State  Department  of  Public  Health; 

6.  To  appoint,  upon  the  advice  and  approval  of  the  public  health  officer, 
such  nurses,  chemists,  experts,  clerks  and  assistants  as  the  public  health 
officer  may  deem  necessary; 

7.  To  fix  the  compensation  of  the  public  health  officer,  which  shall  in  no 
case  be  less  than  one  thousand  five  hundred  dollars; 

8.  To  provide,  equip  and  maintain  suitable  offices,  facilities  and  appli- 
ances for  the  health  officer  and  his  assistants; 

9.  To  establish,  equip  and  maintain  an  analytical,  biological  and  research 
laboratory; 

10.  To  pay,  from  the  "public  health  fund,"  the  salary  of  the  public  health 
officer  and  the  salaries  of  all  appointees  and  employees  and  the  expense  of- 
maintenance  of  the  public  health  department,  including  therein  the  expense 
of  administering  the  sanitation  and  health  laws  and  ordinances; 

11.  To  acquire  and  hold,  in  the  name  of  the  public  health  district,  real 
estate  and  personal  property; 

12.  To  receive  contributions  of  money  or  property; 

13.  To  publish,  annually,  on  or  soon  after  the  second  Tuesday  in  April, 
in  pamphlet  form,  for  free  distribution,  an  annual  report  showing  the  condi- 
tion of  their  trust  on  the  first  day  of  April  of  that  year,  the  sums  of  money 
received  from  taxation  and  from  other  sources,  giving  the  name  of  the 
donor,  how  all  moneys  have  been  expended  and  for  what  purpose,  and  such 
other  statistics  and  information  in  regard  to  the  work  of  the  health  depart- 
ment as  they  may  deem  of  general  interest. 

56.  PuMiG  Health  Officers,  Examination,  Notice. 

Sec.  16.  It  shall  be  the  duty  of  the  State  Department  of  Public  Health 
to  prepare,  by  open,  competitive  examination,  of  which  notice  shall  be  given 
in  the  "official  newspaper,"  selected  by  the  department  of  public  works  and 
buildings,  for  at  least  three  weeks  prior  to  the  holding  of  such  examination, 
a  list  of  eligibles  for  appointment  as  public  health  officers. 

57.  Public  Health  Officers,  Poioers  and  Deities. 

Sec.  17.  The  public  health  officer  shall  have  power,  and  it  shall  be  his 
duty: 

1.  To  be  the  executive  officer  of  the  board  of  health; 

2.  To  enforce  and  observe  the  rules,  regulations  and  orders  of  the  State 
Department  of  Public  Health  and  all  State  laws  pertaining  to  the  preserva- 
tion of  the  health  of  the  people  within  the  public  health  district; 

3.  To  exercise  the  rights,  powers  and  duties  of  all  township  boards  of 
health  and  county  boards  of  health  within  the  public  health  district; 

4.  To  execute  and  enforce,  within  the  public  health  district,  all  city, 
village  and  incorporated  town  ordinances  relating  to  nuisances,  public  health 
and  sanitation; 

5.  To  investigate  the  existence  of  any  contagious  or  infectious  disease 
within  the  public  health  district  and  to  adopt  measures,  with  the  approval 
of  the  State  Department  of  Public  Health,  to  arrest  the  progress  of  the  same; 


25 

6.  To  make  all  necessary  sanitary  and  health  investigations  and  inspec- 
tions within  the  public  health  district; 

7.  To  establish  a  free  dental  clinic  for  the  benefit  of  the  school  children 
of  the  district; 

8.  To  give  professional  advice  and  information  to  all  city,  village,  incor- 
porated town  and  school  authorities  within  the  public  health  district  in  all 
matters  pertaining  to  sajiitation  and  public  health; 

9.  To  devote  his  en'tire  time  to  his  official  duties. 

58.  Health  Ordinance,  Enforcement. 

Sec.  18.  In  all  public  health  districts  all  ordinances  of  cities,  villages 
and  incorporated  towns  lying  within  such  public  health  district,  relating  to 
nuisances,  sanitation,  and  public  health,  shall  be  administered  by  the  public 
health  officer  appointed  pursuant  to  this  Act,  and  not  otherwise. 

69.  Anticipation  Warrants. 

Sec.  19.  Each  board  of  health,  organized  under  this  Act,  shall  be  em- 
powered to  issue  warrants  in  anticipation  of  taxes  to  the  same  extent,  in  the 
sanie  manner  and  with  like  limitations  and  restrictions  as  county,  city,  vil- 
lage and  incorporated  town  authorities. 

SO.  PuMic  Health  Tax  Certificate,  Extension  of  Tax,  Collection. 

Sec.  20.  Each  board  of  health  shall,  annually,  on  or  before  the  first  day 
of  August  of  each  year,  transmit  to  the  county  clerk  in  which  such  public 
health  district  is  located,  or  if  the  public  health  district  is  located  in  more 
than  one  county,  then  to  the  county  clerk  of  each  county  in  which  a  part 
thereof  is  located,  a  certificate  signed  by  the  chairman  and  treasurer,  setting 
forth  the  rate  or  percentage  of  such  taxes  by  them  levied  for  the  purposes 
herein  provided,  and  it  shall  be,  and  is  hereby  made  the  duty  of  the  county 
clerk  to  whom  such  certificate  shall  be  transmitted,  to  set  down  in  the 
general  tax  warrant  of  the  year  for  the  collection  of  the  State  and  county 
taxes,  in  a  separate  column  to  be  styled  a  "public  health  tax,"  a  tax  in 
amount  equal  to  the  sum  resulting  from  the  rate  or  percentage  so  certified 
by  such  board  of  health  upon  the  real  and  personal  property  within  such 
health  district,  or  such  part  thereof  as  may  be  located  in  his  county,  accord- 
ing to  the  valuation  of  the  same  as  made  for  the  purpose  of  State  and  county 
taxation;  and  shall  set  down  in  each  column  the  amount  of  tax  chargeable 
to  the  several  persons,  corporations,  lots  or  parcels  of  land,  liable  for  taxes 
in  such  public  health  district  according  to  such  rate  or  percentage,  and  the 
collector  shall  proceed  to  collect  the  same  in  such  manner  as  is  now,  or  may 
hereafter  be  provided  by  law  for  the  collection  of  State  and  county  taxes; 
and  the  provisions  of  law  in  respect  to  collection  of  State  and  county  taxes, 
and  proceedings  to  enforce  the  same,  which  are  now  enforced,  or  which  may 
be  hereafter  enacted,  so  far  as  applicable,  shall  apply  to  such  taxes;  and  as 
fast  as  such  tax  shall  be  collected  by  the  collector  or  other  officer  receiving 
the  same,  it  shall  be  paid  over  to  such  board  of  health,  on  the  joint  order 
of  the  chairman  and  treasurer  of  the  board  of  health  and  shall  be  receipted 
for  by  such  treasurer.  The  funds  shall  be  used  only  for  the  purposes  herein 
prescribed  and  shall  be  disbursed  by  the  treasurer  on  the  joint  order  of  the 
chairman  and  secretary.  A  failure  by  the  board  of  health  to  file  the  certifi- 
cate with  the  county  clerk  in  the  required  time  shall  not  vitiate  the  assess- 
Tnent._ 

A.\  A(  T  to  provide  for  the  registration  of  all  births,  stillbirths  and  deaths  in 
the  State  of  Illinois,  and  to  repeal  an  Act  entitled,  "An  Act  requiring 
reports  of  births  and  deaths,  and  the  recording  of  the  same,  and  prescrib- 
ing a  penalty  for  non-compliance  loith  the  provisions  thereof,  and  repeal- 
ing certain  Acts  therein  named,  approved  May  6,  1903,  in  force  July  J, 
1903:'     Approved  June  22,  in  force  July  1,  1915.     L.  1915,  p.  660. 

67.  Birth     and    Death    Registration,     Supervision,     Uniform     Enforcement, 
Records. 
Skctiox  1.  Be  it  enacted  by  the  People  of  the  State  of   Illinois,  repre- 
sented  in   the   General  Assembly:    That  the   State   Board   of   Health    shall 


2(5 

have  charge  of  the  registration  of  births,  stillbirths,  and  deaths  throughout 
the  State.  The  said  board  shall  be  charged  with  the  uniform  and  thorough 
enforcement  of  this  Act  throughout  the  State,  and  shall  cause  to  be  preserved 
and  kept  the  originals  of  all  such  records  in  the  office  of  the  State  Board  of 
Health  in  the  Capitol  building  at  Springfield. 

62.  Superintendent   of  Registration,   Clerical  Help,   Compensation,    Quarters. 

Sec.  2.  That  the  Secretary  of  the  State  Board  of  Health  shall  be  the 
Superintendent  of  such  registration  of  births,  stillbirths  and  deaths.  The 
State  Board  of  Health  shall,  in  conformity  with  the  law,  provide  for  such 
clerical  and  other  assistance  as  may  be  necessary  for  the  purposes  of  carry- 
ing out  the  provisions  of  this  Act,  and  the  said  board  may  fix  the  compen- 
sation of  persons  thus  employed  within  the  amounts  appropriated  therefor 
by  the  General  Assembly.  Suitable  quarters  shall  be  provided  Ly  the  Secre- 
tary of  State  for  the  registration  of  births,  stillbirths,  and  deaths,  which 
quarters  shall  be  properly  equipped  with  a  fireproof  vault  and  with  filing 
cases  for  the  permanent  and  safe  preservation  of  all  official  records  returned 
to  said  board  under  this  Act. 

63.  Vital  Statistics  Registration  Districts. 

Sec.  3.  That  for  the  purposes  of  this  Act  the  State  shall  be  divided  into 
vital  statistics  registration  districts  (hereinafter  referred  to  as  registration 
districts),  as  follows: 

Each  city,  village  and  incorporated  town,  and  each  township  in  counties 
under  township  organization  (excepting  that  portion  of  the  township  con- 
stituting a  separate  registration  district)  pnd  each  road  district  in  counties 
not  under  township  organization  (excepting  that  portion  of  the  road  district 
constituting  a  separate  registration  district)  shall  constitute  a  registration 
district. 

Whenever,  in  the  opinion  of  the  State  Board  of  Health,  it  is  advisable 
to  subdivide  a  registration  district  located  in  territory  outside  of  cities, 
villages  or  incorporated  towns  of  less  than  100,000  population,  or  to  com- 
bine into  one  district  two  or  more  registration  districts  located  in  such  ter- 
ritory, such  consolidation  or  subdivision  may  be  affected  by  such  board,  and 
whenever  two  or  more  registration  districts  are  consolidated  or  a  registration 
district  is  subdivided,  the  said  board  shall  appoint  a  local  registrar  for  each 
such  newly  created  district. 

64-  Local  Registrars,  Deputies,   Suh-Registrars. 

Sec.  4.  That  the  local  registrars  for  each  registration  district  shall  be 
as  follows: 

In  cities,  villages  and  incorporated  towns,  the  clerk  of  the  city,  village 
or  incorporated  town  shall  be  the  local  registrar  for  the  purposes  of  this 
Act:  Provided,  that  in  cities,  villages  and  incorporated  towns  in  which 
registration  of  births,  stillbirths  or  deaths  is  conducted  under  local  ordi- 
nance, the  officer  of  the  city,  village  or  incorporated  town  who  is  local  regis- 
trar under  such  ordinance  shall  be  the  local  registrar  under  this  Act,  and  such 
local  registrars  shall  be  subject  to  the  rules  and  regulations  of  the  State 
Board  of  Health  and  to  all  the  provisions  of  this  Act. 

In  each  township  in  counties  under  township  organization,  excepting 
those  portions  of  the  township  constituting  a  separate  registration  district, 
the  clerk  of  the  township  shall  be  the  local  registrar  for  the  purposes  of 
this  Act. 

In  each  road  district  in  counties  not  under  township  organization,  ex- 
cepting those  portions  of  the  road  district  constituting  a  separate  registration 
district,  the  road  district  clerk  shall  be  the  local  registrar  for  the  purposes 
of  this  Act. 

Each  local  registrar,  immediately  upon  taking  office,  shall,  in  conform- 
ity with  the  law,  appoint  a  deputy  whose  duty  it  shall  be  to  act  in  his  stead 
in   case  of  absence,  illness  or  disability,  and   such   deputy  shall  be   subject 


27 

to  all  rules  and  regulations  governing  local  registrars.  And  when  it  may 
appear  necessary  for  the  convenience  of  the  people  in  any  registration  dis- 
trict, the  local  registrar,  when  so  directed  by  the  State  Board  of  Health, 
shall  appoint,  in  conformity  with  the  law,  one  or  more  suitable  persons  to 
act  as  sub-registrars,  who  shall  act  for  the  registrar  in  and  for  such  portion 
of  the  registration  district  as  may  be  designated  by  said  State  Board  of 
Health;  and  each  sub-registrar  shall  note  over  his  signature  the  date  on 
which  each  certificate  was  filed  with  him  and  shall  forward  all  such  certifi- 
cates to  the  local  registrar  of  the  district  within  ten  days  and  in  all  cases 
before  the  third  day  of  the  following  month.  All  sub-registrars  shall  be 
subject  to  the  supervision  and  control  of  the  State  Board  of  Health  and 
shall  be  liable  to  the  same  penalties  as  local  registrars,  as  provided  in  sec- 
tion 21  of  this  Act. 

6-5-66.  Removal    or   Burial   of    Dead    Bodies.     Death    Certificate,    Burial    or 
Removal  Permits. 

Sec.  5.  That  the  body  of  any  person  whose  death  has  occurred  in  the 
State  or  which  shall  have  been  found  therein,  shall  not  be  interred  or  dis- 
interred, deposited  in  a  vault  or  tomb,  cremated  or  otherwise  disposed  of, 
or  removed  from  or  into  or  from  place  to  place  in  any  registration  district, 
nor  shall  it  be  temporarily  held  pending  further  disposition  more  than 
seventy-two  hours  after  death,  unless  a  permit  for  burial,  removal  or  other 
disposition  thereof  shall  have  been  properly  issued  by  the  local  registrar, 
deputy  or  sub-registrar  of  the  registration  district  in  which  the  death  oc- 
curred or  the  body  was  found.  No  burial  or  removal  permit  shall  be  issued 
"by  any  such  registrar  until,  whenever  practicable,  a  complete  and  satisfac- 
tory certificate  of  death  has  been  filed  with  him  as  hereinafter  provided: 
Provided,  that  when  a  dead  body  is  transported  by  common  carrier  into  any 
registration  district  for  burial  therein,  then  the  transit  or  removal  permit 
issued  in  accordance  with  the  law  and  health  regulations  of  the  place  where 
the  death  occurred,  shall  be  accepted  by  the  local  registrar  of  the  district 
into  which  the  body  has  been  transported  for  burial  or  other  disposition,  as 
a  basis  upon  which  he  may  issue  a  local  burial  permit:  A7id,  provided, 
further,  that  where  it  is  necessary  to  obtain  a  burial  or  removal  permit 
before  completion  of  an  inquest,  the  coroner  may  make  out  a  temporary 
■certificate  pending  inquest,  which  certificate  shall,  whenever  practicable, 
give  all  the  personal  and  statistical  particulars  required  by  this  Act  and  the 
rules  of  the  State  Board  of  Health.  Such  certificates  shall  be  marked  at  the 
top:  "For  temporary  use  only,"  and  shall  state  under  the  item  cause  of 
death,  "Inquest  pending."  Such  temporary  certificate  shall  not  be  considered 
a  substitute  for  the  permanent  certificate  provided  for  in  section  8  of  this 
Act. 

No  local  registrar  shaJl  require  from  undertakers  or  persons  acting  as 
undertakers  any  fee  for  the  issuance  of  burial  or  removal  permits  under 
this  Act. 

67.  Stillbirth    Certificates. 

Sec.  6.  That  a  stillborn  child  shall  be  registered  as  a  stillbirth  and  a  cer- 
tificate of  stillbirth  shall  be  filed  with  the  local  registrar  in  the  same  manner 
as  required  for  a  certificate  of  death:  Provided,  that  a  certificate  of  still- 
birth shall  not  be  required  for  a  child  that  has  not  advanced  to  the  fifth 
month  of  uterogestation.  The  medical  certificate  of  the  cause  of  death  shall 
be  signed  by  the  attending  physician  or  midwife,  if  either  was  in  attendance, 
and  shall  state  the  cause  of  death  as  "stillborn,"  with  the  cause  of  the  still- 
birth, if  known,  whether  a  premature  birth,  and  if  prematurely  born,  the 
period  of  uterogestation  in  months,  if  known;  and  a  burial  or  removal  permit 
of  the  form  prescribed  by  the  State  Board  of  Health  shall  be  required.  Still- 
births occurring  without  attendance  of  either  physician  or  midwife,  shall  be 
treated  as  deaths  without  medical  attendance,  as  provided  for  in  section  8 
of  this  Act.  If  twin,  triplet  or  other  plural  birth,  a  separate  certificate 
shall  be  required  for  each  child  in  the  order  of  birth. 


38 

68.  Death  Certificates. 

Sec.  7.  That  the  certificate  of  death  shall  contain  at  least  the  items  of 
the  Standard  Certificate  of  Deaths,  approved  and  adopted  by  the  United 
States  Bureau  of  the  Census.  The  personal  particulars  shall  be  authenti- 
cated by  the  signature  and  address  of  the  informant  who  shall  be  the  nearest 
of  kin  or  other  competent  person  acquainted  with  the  facts.  The  medical 
certificate  shall  be  made  and  signed  by  the  legally  qualified  physician,  if 
any,  last  in  attendance,  or  coroner,  or  by  the  local  registrar  as  provided  for 
in  section  8  of  this  Act 

Certificate  of  death  or  of  stillbirth  and  record  thereof  required  by  this 
Act  shall  not  in  the  case  of  an  illegitimate  child  or  person  contain  the  name 
or  other  identifying  fact  relating  to  the  father  or  reputed  father  thereof,  or 
to  the  mother  thereof  without  the  consent  of  the  said  father  or  reputed 
father  to  the  use  of  his  name,  nor  the  use  of  the  name  of  the  mother  without 
her  consent  to  the  use  of  her  name. 

69.  Death  Certificates  by  Local  Registrars  or  Coroners. 

Sec.  8.  That  in  case  of  any  death  occurring  without  medical  attendance, 
it  shall  be  the  duty  of  the  undertaker  or  person  acting  as  such  to  notify  the 
local  registrar  and  the  coroner  of  such  death,  and  in  such  cases,  if  no  sus- 
picion of  death  from  violence,  casualty  or  undue  means  exists,  the  local  regis- 
trar may  make  the  certificate  and  return  from  the  statement  of  relatives  or 
other  persons  having  adequate  knowledge  of  the  facts:  Provided,  further, 
that  if  the  registrar  or  coroner  has  reason  to  believe  that  the  death  may 
have  been  due  to  some  cause"  which  under  the  law  is  subject  to  investigation 
by  the  coroner  the  death  shall  then  be  referred  to  the' coroner  or  other  proper 
officer  for  his  investigation  and  certification.  The  coroner  or  other  proper 
officer  whose  duty  it  is  to  hold  an  inquest  on  the  body  of  any  deceased  per- 
son, and  to  make  the  certificate  of  death  required  for  a  burial  permit,  shall 
state  in  his  certificate  the  name  of  the  disease  causing  death,  or  if  from 
external  causes,  (1)  the  means  of  death;  and  (2)  whether  (probably)  acci- 
dental, suicidal,  or  homicidal:  and  shall,  in  any  case,  furnish  such  informa- 
tion as  may  be  required  by  the  State  Board  of  Health  in  order  to  properly 
classify  the  death. 

70.  Undertakers,  Duties. 

Sec.  9.  That  the  undertaker  or  person  acting  as  undertaker  shall  be 
responsible  for  obtaining  and  filing  the  certificate  of  death  with  the  local 
or  sub-registrar  of  the  district  in  which  the  death  occurred,  and  for  securing 
a  burial  or  removal  permit  prior  to  any  disposition  of  the  body.  He  shall 
obtain  the  personal  and  statistical  particulars  required  from  the  nearest  of 
kin,  or  person  best  qualified  to  supply  them,  over  the  signature  and  address 
of  his  informant.  He  shall  then  present  the  certificate  to  the  attending 
physician,  if  any,  or  to  the  coroner,  if  so  directed  by  the  local  or  sub-regis- 
trar, for  the  medical  or  coroner's  certificate  of  the  cause  of  death  and  other 
particulars  necessary  to  complete  the  record.  He  shall  then  state  the  facts 
required  relative  to  the  date  and  place  of  burial  over  his  signature  and  with 
his  address,  and  present  the  completed  certificate  to  the  local  or  sub-registrar 
within  the  time  limit  for  the  issuance  of  a  burial  or  removal  permit:  Pro- 
vided, that  when  the  body  is  the  subject  of  an  inquest  or  an  investigation  by 
the  coroner,  the  personal  and  statistical  particulars  required  herein  shall  be 
obtained  by  the  coroner  at  the  time  of  the  inquest  or  investigation,  and  over 
the  signature  and  address  of  the  informant;  Provided,  further,  that  for 
deaths  in  hospitals  and  institutions,  the  personal  and  statistical  particulars 
required  herein  shall  be  furnished  by  the  physician  or  person  in  charge  of 
such  hospitals  or  inptitutions,  who  shall  obtain  the  information  from  the 
records  of  said  hospital  or  institution,  as  made  and  provided  for  in  section 
16  of  this  Act. 


I 


11  The  cause  of  death  of  a  person  is  prov-         Statistics    act.      Kniqhts   &    Ladiei   of   Security 
aWe   by   the   records   required   to   be   made   and        V.   O'Brien  (1904),  112  HI.  App.  40. 
filed    under    sections    4,    5    and    8    of   the   Vital 


29 

The  undertaker  shall  deliver  the  burial  permit  to  the  person  in  charge 
of  the  place  where  the  body  is  to  be  buried  or  otherwise  disposed  of  before 
the  interment  or  other  disposal  of  the  body,  or,  when  the  body  is  shipped 
by  any  common  carrier,  the  transit  or  removal  permit  must  accompany  the 
corpse  to  its  destination,  in  accordance  with  the  official  rules  of  the  State 
Board  of  Health  governing  transportation  of  the  dead,  and  said  permit  shall 
be  delivered  to  the  person  to  whom  the  body  is  consigned,  or  to  the  person 
in  charge  of  the  cemetery  or  other  place  where  interment  or  other  dispo- 
sition is  to  be  made. 

11.  Burial  Permit,  Requisites. 

Sec.  10.  That  if  the  interment  or  other  disposition  of  the  body  is  to  be 
made  within  the  State,  the  wording  of  the  burial  permit  may  be  limited  to 
a  statement  by  the  registrar  and  over  his  signature  that  permission  is 
granted  to  inter,  remove  or  otherwise  dispose  of  the  deceased,  stating  the 
name,  age,  sex,  cause  of  death  and  other  necessary  details  upon  the  form 
prescribed  by  the  State  Board  of  Health. 

12.  Cemeteries'  Register,  Filing  Burial  or  Removal  Permits. 

Sec.  11.  That  no  dead  human  body  or  part  thereof  shall  be  received  by 
any  person  in  charge  of  any  premises  in  which  interments  and  other  dis- 
position of  human  bodies  are  made  unless  said  body  or  part  thereof  is  accom- 
panied by  a  burial  permit,  issued  by  any  local  registrar  as  herein  provided. 
Each  person  in  charge  of  any  burial  ground  or  other  place  of  disposition  of 
dead  human  bodies  shall  keep  a  record  in  a  book  provided  for  the  purpose, 
of  each  interment  or  other  disposition  of  a  human  body  made  in  the  ceme- 
tery or  other  place  of  disposal  in  his  charge.  Such  register  or  record  shall 
be  in  a  form  prescribed  by  the  State  Board  of  Health  and  shall  at  all  times 
be  open  to  the  inspection  of  said  board,  the  local  registrar  or  their  duly 
authorized  representatives.  Each  person  in  charge  of  any  burial  ground 
or  other  place  of  disposition  of  a  human  body  shall  file  the  burial  or  removal 
permit  with  the  local  registrar  of  the  district  in  which  the  interment  is  made 
within  three  days  from  the  date  of  receipt  of  such  body,  and  he  shall  imme- 
diately report  any  violations  or  attempted  violations  of  this  Act  to  the  local 
registrar  of  his  district:  Provided,  that  the  undertaker  or  person  acting  as 
such,  when  burying  a  body  in  a  cemetery  or  burial  ground  having  no  person 
in  charge,  shall  sign  the  burial  or  removal  permit,  giving  the  date  of  burial, 
and  shall  write  across  the  face  of  the  permit  the  words  "No  person  in 
charge."  and  file  the  burial  or  removal  permit  within  three  days  with  the 
registrar  of  the  district  in  which  the  cemetery  is  located:  And,  pi-ovided, 
further^  that  when  the  death  occurs  in  another  registration  district  in  the 
State  of  Illinois  that  the  local  registrar  of  the  district  in  which  the  body 
is  buried  or  otherwise  disposed  of,  shall  within  three  days,  return  all  such 
burial  or  removal  permits  to  the  local  registrar  issuing  same,  after  having 
stated  on  the  back  of  the  permit  any  departure  from  the  provisions  of  the 
permit  as  to  place  of  burial  or  otherwise,  and  the  local  registrar  of  the  dis- 
trict in  which  the  death  occurred  shall  note  any  such  departure  on  the  orig- 
inal death  or  stillbirth  certificate  and  on  the  copy  or  copies  thereof. 

73.  Registration  of  Births,  Filing  Birth  Certificates. 

Sec.  12.  That  all  births  that  occur  in  the  State  shall  be  immediately 
registered  in  the  districts  in  which  they  occur,  as  hereinafter  provided. 

It  shall  be  the  duty  of  the  attending  physician  or  midwife  to  file  a  cer- 
tificate of  birth,  properly  and  completely  filled  out,  and  in  a  form  prescribed 
by  the  State  Board  of  Health,  with  the  local  or  sub-registrar  of  the  district 
in  which  the  birth  occurred  within  ten  days  after  the  date  of  birth.  If 
there  be  no  attending  physician  or  midwife,  then  it  shall  be  the  duty  of  the 
father,  or  in  case  of  death  or  absence  of  the  father,  it  shall  be  the  duty  of 
the  mother,  and  in  the  event  of  the  death  or  disability  of  the  mother,  then 
it  shall  be  the  duty  of  the  householder  where  the  birth  occurred,  to  file  such 
certificate  of  birth  with  the  local  registrar  within  ten  days  after  such  birth; 
or  if  the  birth  occurred  in  a  public  or  private  institution,  it  shall  be  the  duty 


30 

of  the  manager  or  superintendent  of  such  institution  to  file  with  the  local 
or  sub-registrar  a  certificate  of  such  birth,  properly  and  completely  filled  out 
as  required  by  this  Act:  Provided,  that  in  order  to  prevent  blindness  and 
otherwise  conserve  the  health  and  life  of  infants,  the  State  Board  of  Health 
on  request  of  any  health  officer  of  any  registration  district,  shall  direct  and 
require  that  persons,  residing  in  such  district,  charged  w'ith  the  duty  of 
reporting  births,  shall  file  with  the  local  registrar  such  reports  within 
twenty-four  hours,  and  for  this  purpose,  a  short  form  on  postal  card  may 
be  used;  Provided,  further,  that  said  brief  postal  card  report  shall  not  take 
the  place  of  the  complete  report  provided  for  in  this  Act,  and  that  no  fees 
shall  be  paid  to  registrars,  deputy  registrars  or  sub-registrars  for  receiving, 
handling,  or  recording  such  postal  form  reports. 

74.  Birth  Certificates,  Requisites. 

Sec.  13.  That  the  certificate  of  birth  shall  contain  at  least  the  items  of 
the  standard  certificate  of  birth  as  approved  and  adopted  by  the  United 
States  Bureau  of  the  Census:  Provided,  that  the  certificate  of  birth  and  record 
thereof  required  by  this  Act  shall  not,  in  the  case  of  an  illegitimate  child, 
contain  the  name  of  (or)  other  identifying  fact,  relating  to  the  father  or 
reputed  father  or  to  the  mother  thereof,  without  the  consent  of  said  father 
or  reputed  father  to  the  use  of  his  name,  nor  the  use  of  the  name  of  the 
mother,  without  her  consent  to  the  use  of  her  name.^- 

7.5.  Suppletnental  Reports  and  Affidavits. 

Sec.  14.  That  when  any  certificate  of  birth  of  a  living  child  is  presented 
without  the  statement  of  the  given  name,  then  the  local  or  sub-registrar  shall 
make  out  and  deliver  to  the  parents  of  the  child  a  special  blank  for  the 
supplemental  report  of  the  given  name  of  the  child,  w^hich  shall  be  filled  out 
as  directed  and  returned  to  such  registrar  as  soon  as  the  child  shall  have 
been  named. 

Where  the  birth  of  a  child  born  prior  to  the  taking  effect  of  this  Act 
has  not  been  recorded,  or  in  case  of  failure  to  report  any  birth  which  occurs 
subsequent  to  the  taking  effect  of  this  Act  within  the  time  prescribed  herein, 
such  report  may  be  received  and  filed  by  the  local  registrar,  for  the  purposes 
and  uses  of  this  Act,  when  such  report  is  accompanied  by  affidavits  of  the 
father  or  mother  of  the  child,  or  if  neither  father  nor  mother  of  the  child  Is 
living,  of  the  nearest  of  kin  or  guardian. 

76.  Registration  of  Physicians,  Etc.,  Local  Registrar's  Annual  Retxirn. 

Sec.  15.  That  every  physician,  midwife,  undertaker  and  sexton  shall, 
without  delay,  register  his  or  her  name,  address  and  occupation  with  the 
local  registrar  of  the  district  in  which  he  or  she  resides,  or  may  hereafter 
establish' a  residence;  and  shall  thereupon  be  supplied  by  the  local  registrar 
wath  a  copy  of  this  Act,  together  w'ith  such  rules  and  regulations  as  may  be 
prepared  by  the  State  Board  of  Health  relative  to  its  enforcement.  Within 
thirty  days  after  the  close  of  each  calendar  year,  each  local  registrar  shall 
make  a  return  to  the  State  Board  of  Health  of  all  physicians,  midwives, 
undertakers  and  sextons  who  have  been  registered  in  his  district  during  the 
whole  or  any  part  of  the  preceding  calendar  year:  Provided,  that  no  fee  or 
any  compensation  shall  be  charged  by  local  registrars  to  physicians,  mid- 
wives,  undertakers  or  sextons  for  registering  their  names  under  this  section 
or  for  making  returns  thereof  to  the  State  Board  of  Health. 

77.  Hospitals,  Etc.,  Record. 

Sec.  16.  That  all  superintendents  or  managers,  or  other  persons  in  charge 
of  hospitals,  almshouses,  lying-in  or  other  institutions,  public  or  private,  to 
which  persons  resort  for  treatment  of  diseases,  confinement,  or  are  committed 


"  The    certificate    of    a    birth    is    evidence  The    birth    certificate    of    a    physician    who 

only  of  those  facts  which  occur  in  the  presence  makes  it  a  practice  of  falsifying  entries  therein 

of    the    physician    making    the    return    and    re-  in    inadmissible    in    evidence.      Howard   v.    Illi- 

quired  by  statute  or  rule  to  be  stated  therein.  noM    Trust    ct-    Savings   Bank    (1901),    189    111. 

Hnva^d    V.    Illinois    Trust     &     Savings     Bank  568,   573,   574. 
(1901),   189   111.    568,   574. 


31 

by  process  of  law,  shall  make  a  record  of  all  the  personal  and  statistical  par- 
ticulars relative  to  the  inmates  of  their  institutions  at  the  date  of  taking 
effect  of  this  Act,  that  are  required  in  the  forms  of  the  certificates  prescribed 
by  the  State  Board  of  Health;  and  thereafter  such  record  shall  be,  by  them, 
made  for  all  future  Inmates  at  the  time  of  their  admission.  And  in  case  of 
persons  admitted  or  committed  for  medical. or  surgical  treatment  of  disease 
or  injury,  the  physician  in  charge  shall  specify  for  entry  in  the  records  the 
nature  of  the  disease  or  injury,  and  where,  in  his  opinion,  it  was  contracted 
or  received.  The  personal  particulars  and  information  required  shall  be 
obtained  from  the  individual  himself  if  it  is  practicable  to  do  so,  and  when 
they  can  not  be  so  obtained,  they  shall  be  secured  in  as  complete  a  manner 
as  possible  from  relatives,  friends  or  other  persons  acquainted  with  the 
facts. 

78.  Blank    Forvis,    Instructions,    Examination    of    Certificates,    Information, 

Annual  Report. 

Sec.  17.  That  the  State  Board  of  Health  shall  prescribe  all  forms  of 
reports  of  births,  stillbirths  and  deaths  and  shall  prepare,  print  and  supply 
all  local  registrars  with  copies  of  all  blanks  and  forms  sufficient  to  carry  out 
the  provisions  of  this  Act;  and  shall  prepare  and  Issue  such  detailed  in- 
structions as  may  be  required  to  procure  the  uniform  observance  of  its 
provisions  and  the  maintenance  of  a  perfect  system  of  registration  and  no 
other  blanks  shall  be  used  than  those  supplied  by  the  State  Board  of  Health: 
Provided,  that  in  any  city,  incorporated  town  or  village,  the  local  depart- 
ment or  board  of  health  or  the  city  clerk,  as  the  case  may  be,  may  have 
printed  blank  forms  bearing  such  items  of  record  or  instructions  as  may 
be  necessary  for  the  needs  and  purposes  of  carrying  out  the  provisions  of 
local  ordinances,  not  in  conflict  with  the  forms  prescribed  or  approved  by 
the  State  Board  of  Health;  And,  provided,  further,  that  the  State  Board  of 
Health  shall  not  supply  the  short  form  on  postal  cards  for  the  reporting  of 
births  mentioned  In  section  12  of  this  Act. 

The  State  Board  of  Health  shall  carefully  examine  the  certificates  re- 
ceived monthly  from  the  local  registrars  and  if  any  such  are  incomplete  or 
unsatisfactory  shall  require  such  further  information  to  be  furnished  as 
may  be  necessary  to  make  the  records  complete  and  satisfactory.  All  phy- 
sicians, midwives,  coroners,  superintendents  of  hospitals  or  institutions, 
informants,  undertakers  or  sextons,  connected  with  any  birth,  stillbirths  or 
death,  and  all  other  persons  having  knowledge  of  the  facts,  shall  furnish 
such  information  as  they  may  possess  regarding  any  death,  stillbirth  or  birth 
(excepting  such  information  as  may  divulge  the  parentage  of  an  illegitimate 
child,  as  provided  in  section  13  of  this  Act)  upon  demand  of  the  State  Board 
of  Health,  by  mail,  or  through  an  accredited  representative.  Said  board 
shall  arrange,  bind  and  permanently  preserve  the  certificates  in  a  systematic 
manner,  and  shall  prepare  and  maintain  a  comprehensive  card  index  of  all 
births  and  deaths  registered,  and  shall  compile  and  publish  for  the  informa- 
tion of  the  citizens  of  the  State  an  annual  report  of  births  and  deaths,  which 
report  shall  contain  such  data  as,  in  the  opinion  of  the  said  board,  will 
serve  to  promote  public  health  and  the  general  welfare  of  the  citizens  of 
the  State. 

79.  Local  Registrars,  Duties  and  Reports. 

Sec.  18.  That  it  shall  be  the  duty  of  the  local  registrars  to  supply  blank 
forms  of  certificates  to  such  persons  as  require  them.  Each  local  registrar 
or  sub-registrars  shall  carefully  examine  each  certificate  of  birth,  stillbirth 
or  death  when  presented  for  record,  to  see  that  it  has  been  made  out  in 
accordance  with  the  provisions  of  this  Act  and  the  instructions  of  the  State 
Board  of  Health,  and  if  any  certificate  of  death  or  stillbirth  is  incomplete 
or  unsatisfactory,  it  shall  be  the  duty  of  the  local  registrar  to  call  attention 
to  the  defects  in  the  return  and  at  his  discretion  he  may  withhold  issuing 
the  burial  or  removal  permit  until  such  defects  are  corrected.  If  the  cer- 
tificate of  death  or  stillbirth  is  properly  executed  and  is  complete,  as  far  as 
is  practicable,  he  shall  then  issue  a  burial  or  removal  permit  to  the  un  ler- 
taker:    Provided,  that  in  case  the  death  occurred  from  any  disease  that  is 


32 

communicable  and  dangerous  to  the  public  health,  the  permit  for  the  removal 
or  other  disposition  of  the  body  shall  be  granted  by  the  local  or  sub-registrar, 
under  such  rules  as  may  be  prescribed  by  the  State  Board  of  Health,  or 
under  local  rules  or  ordinances  not  in  conflict  with  the  rules  of  the  State 
Board  of  Health.  If  a  certificate  of  birth  is  incomplete,  the  local  registrar 
shall  immediately  notify  the  person  making  such  report  and  require  him  or 
her  to  supply  the  missing  items  if  they  can  be  obtained.  The  local  regis- 
trar shall  number  consecutively  the  certificates  of  births,  stillbirths  and 
deaths  in  three  separate  series,  beginning  with  No.  1  for  the  first  birth,  still- 
birth or  death  in  each  calendar  year,  and  sign  his  name  as  local  registrar 
in  the  attest  of  the  date  of  filing  in  this  office.  He  shall  also  make  a  com- 
plete and  accurate  copy  or  copies  of  each  birth,  stillbirth  and  death  certifi- 
cate registered  by  him  on  blank  certificates  of  births,  stillbirths  and  deaths, 
or  in  a  record  book  of  approved  form  prescribed  by  the  State  Board  of 
Health.  Local  registrars  shall  deposit  with  the  county  clerks  of  their  re- 
spective counties  on  the  tenth  day  of  each  month,  one  complete  set  of  the 
records,  births,  stillbirths  and  deaths  registered  with  them  during  the  pre- 
ceding months,  and  the  county  clerks  are  charged  with  the  binding  and 
indexing,  or  recording,  and  safe  keeping  of  such  records:  Provided,  how- 
ever, that  the  local  registrar  shall  obtain  the  given  name  of  the  child  before 
reporting  a  birth  to  the  county  clerk.  Each  local  registrar  shall,  on  the  tenth 
day  of  each  month,  transmit  to  the  State  Board  of  Health  all  original  certifi- 
cates registered  by  him,  including  those  received '  from  his  sub-registrars, 
during  the  preceding  month:  Provided,  that  any  city,  incorporated  town  or 
village  which  is  a  registration  district  for  the  purposes  of  this  Act,  may 
cause  to  be  made  extra  copies  of  any  or  all  birth,  stillbirth  and  death  certifi- 
cates filed  with  the  local  registrar,  such  extra  copies  to  be  in  addition 
to  those  copies  which  are  required  to  be  made  for  and  turned  over  to  the 
county  clerk,  as  provided  for  in  this  Act,  and  such  extra  copies  may  be 
retained  by  any  city,  incorporated  town  or  village  as  its  permanent  record. 

If  no  birth,  stillbirth  or  death  occurred  in  any  month,  the  local  registrar 
shall  on  the  tenth  day  of  the  following  month,  report  that  fact  to  the  State 
Board  of  Health  and  the  county  clerk,  on  a  card  provided  for  that  purpose. 
(Amended  by  Act  filed  June  28,  in  force  July  1,  1917.     L.  1917,  p.  759.) 

80.  Fees,  Appropriation. 

Sec.  19.  That  each  registrar  for  a  registration  district  shall  be  paid  the 
sum  of  twenty-five  cents  ($0.25)  for  each  birth,  stillbirth  and  death  certifi- 
cate properly  and  completely  made  out,  filed  with  and  registered  by  him,  up 
to  an  aggregate  annual  total  of  five  thousand  certificates,  and  for  each  such 
certificate  so  made  out  and  filed  with  and  registered  by  him,  in  excess  of  an 
annual  total  of  five  thousand  certificates,  the  registrar  shall  be  paid  the  sum 
of  ten  cents  ($0.10):  Provided,  that  the  original  (s)  of  all  such  certificates 
have  beeh  turned  over  by  him  to  the  State  Board  of  Health,  and  that  accu- 
rate copies  of  all  such  certificates  have  been  made  and  turned  over  by  him  to 
the  county  clerk  of  his  county  as  provided  for  in  this  Act. 

In  case  no  birth,  stillbirth  or  death  was  registered  during  a  month,  the 
local  registrar  shall  be  paid  the  sum  of  twenty- five  (cents)  ($0.25)  for  a  re- 
port to  that  effect,  but  only  if  such  report  be  made  promptly  as  required  by 
this  Act. 

When  no  record  of  a  birth  exists  or  when  report  of  birth  is  not  made 
within  the  time  prescribed  by  this  Act  and  aifidavits  are  required  to  estab- 
lish such  record  the  local  registrar  who  receives  and  files  such  record  shall 
be  entitled  to  the  sum  of  twenty-five  cents  ($0.25)  to  be  paid  by  the  person 
upon  whose  application  the  birth  is  recorded:  Provided,  that,  in  registration 
districts  co-extensive  with  cities,  villages  or  incorporated  towns  in  which 
registration  of  births,  stillbirths  or  deaths  is  conducted  under  local  ordi- 
nances and  the  local  registrars  receive  fixed  salaries  in  lieu  oi  fees,  all  fees 
received  under  this  Act  shall  be  paid  into  the  treasuries  of  such  cities,  vil- 
lages or  incorporated  towns. 

The  State  Board  of  Health  shall,  at  the  close  of  each  calendar  year, 
certify  to  the  county  clerk  of  each  of  the  several  counties  the  number  of 
births,   stillbirths   and   deaths   properly  registered   in   his   county,   with   the 


33 

names  of  the  persons  entitled  to  the  prescribed  fees,  and  the  amount  due 
each  at  the  rate  fixed  in  this  Act. 

The  amounts  payable  to  local  registrars  under  the  provisions  of  this  Act 
are  hereby  made  and  declared  to  be  a  charge  upon  the  county  in  which  said 
lees  accrue,  and  the  county  clerk,  or  other  county  officer  by  whom  warrants 
on  the  county  treasurer  are  issued;  of  each  of  the  several  counties,  shall  issue 
to  such  local  registrars  his  warrant  upon  the  county  treasurer  of  said  county 
for  the  amount  of  fees  due  each  person  entitled  to  said  fees  in  his  county  as 
certified  to  by  the  State  Board  of  Health,  and  the  county  treasurer  of  said 
county  shall  pay  the  same  upon  presentation. 

It  shall  be  the  duty  of  all  boards  of  county  commissioners  or  boards  of 
supervisors,  as  the  case  may  be,  to  appropriate  such  amounts  as  may  be 
necessary  for  efficiently  carrying  out  the  provisions  of  this  Act  in  their 
respective  counties. 

81.  Certified  Copies,  Evidence,  Fees. 

Sec.  20.  The  State  Board  of  Health,  any  local  registrar  or  any  county 
clerk,  shall,  on  request,  furnish  a  certified  copy  of  the  record  of  any  birth, 
stillbirth  or  death  to  any  applicant  entitled  to  the  same  upon  the  payment 
by  such  applicant  of  a  fee  of  fifty  cents  ($0.50)  to  the  maker  of  such  certified 
copy.  Any  such  copy  of  a  birth,  stillbirth  or  death,  when  properly  certified 
to  by  the  State  Board  of  Health  or  the  local  registrar  or  the  county  clerk, 
shall  be  prima  facie  evidence  in  all  courts  and  places  of  the  facts  therein 
stated;  Provided,  that  the  United  States  Census  Bureau  may  obtain,  without 
expense  to  the  State,  transcripts  or  certified  copies  of  birth,  stillbirth  and 
death  certificates  without  payment  of  the  fees  herein  prescribed.  And,  pro- 
vided, further,  that  the  State  Board  of  Health,  in  its  discretion  and  in  the 
interests  of  promoting  registration  of  births,  may  issue,  without  fe.e,  to  the 
parents  or  guardian  of  any  or  every  child  whose  birth  has  been  registered 
in  accordance  with  the  provisions  of  this  Act,  a  special  certificate  of  birth, 
limited  in  its  statement  of  items  from  record  of  birth,  to  the  name  of  the 
child,  names  of  the  parents,  date  and  place  of  birth,  date  recorded,  and  the 
name  of  the  attendant;  such  certificate,  however,  shall  not  be  deemed  as 
fulfilling  the  requirements  of  the  certified  copy  of  a  record  of  birth  for  which 
payment  is  hereinbefore  provided. 

82.  Penalties. 

Sec.  21.  That  any  person,  who  for  himself  or  as  an  officer,  agent,  or  em- 
ployee of  any  other  person,  or  of  any  corporation  or  partnership,  (a)  shall 
inter,  cremate,  or  otherwise  finally  dispose  of  the  dead  body  of  a  human 
being,  or  permit  the  same  to  be  done,  or  shall  remove  said  body  from  the 
registration  district  in  which  the  death  occurred  or  the  body  was  found, 
without  the  authority  of  a  burial  or  removal  permit  issued  by  the  local  reg- 
istrar of  the  district  in  which  the  death  occurred  or  in  which  the  body  was 
found;  or  (b)  shall  refuse  or  fail  to  furnish  correctly  any  information  in  his 
possession,  or  shall  furnish  false  information  affecting  any  certificate  or 
record,  required  by  this  Act;  or  (c)  shall  wilfully  alter,  otherwise  than  is 
hereinafter  provided  in  this  Act,  or  shall  falsify  any  certificate  of  birth,  still- 
"birth  or  death,  or  any  record  established  in  this  Act;  or  (d)  being  required 
by  this  Act  to  fill  out  a  certificate  of  birth,  stillbirth  or  death  and  filed  the 
same  with  the  local  registrar,  or  deliver  it,  upon  request,  to  any  person 
charged  with  the  duty  of  filing  the  same,  shall  fail,  or  neglect,  or  refuse  to 
perform  such  duty  in  the  manner  required  by  this  Act;  or  (e)  being  a  local 
registrar,  deputy  registrar,  or  sub-registrar,  shall  fail,  neglect,  or  refuse  to 
perform  his  duty  as  required  by  this  Act  and  by  the  instructions  and  direc- 
tions of  the  State  Board  of  Health  thereunder,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  for  the  first  offense  be  fined 
not  less  than  five  dollars  ($5.00)  nor  more  than  fifty  dollars  ($50.00)  and  for 
each  subsequent  offense  not  less  than  ten  dollars  ($10.00)  nor  more  than  one 
hundred  dollars  ($100.00),  or  be  imprisoned  in  the  county  jail  not  more 
than  sixty  days,  or  be  both  fined  and  imprisoned  in  the  discretion  of  the 
court. 

— 3  D  P  H 


34 

Provided,  that  marginal  notes  placed  on  a  certificate  or  report  of  birth, 
stillbirth  or  death,  by  a  local  registrar,  or  any  official  empowered  by  this 
Act  to  record  such  certificates  or  records,  and  attested  by  the  signature  of 
such  registrar  or  official,  shall  not  be  considered  as  an  alteration  in  violation 
of  the  provision  of  this  Act. 

83.  Enforcement  and  Prosecution. 

Sec.  22.  That  each  local  registrar  is  hereby  charged  with  the  strict  and 
thorough  enforcement  of  the  provisions  of  this  Act  in  his  district  under  the 
supervision  and  direction  of  the  State  Board  of  Health.  He  shall  make  im- 
mediate report  to  the  State  Board  of  Health  of  any  violation  of  this  law 
coming  to  his  knowledge,  b^'  observation  or  upon  the  complaint  of  any 
person,  or  otherwise.  The  State  Board  of  Health  is  hereby  charged  with 
the  thorough  and  efficient  execution  of  the  provisions  of  this  Act  in  every 
part  of  the  State,  and  is  hereby  granted  supervisory  power  over  local  regis- 
trars, deputy  local  registrars  and  sub-registrars,  to  the  end  that  all  its 
requirements  shall  be  uniformly  complied  with.  The  State  Board  of  Health, 
or  its  accredited  representatives,  shall  have  authority  to  investigate  cases  of 
irregularity  or  violation  of  law,  and  all  registrars  shall  aid  said  board  upon 
request,  in  such  investigations.  And  when  it  is  deemed  necessary,  the  State 
Board  of  Health  shall  report  cases  of  violation  of  any  of  the  provisions  of 
this  Act  to  the  State's  attorney  of  the  county,  with  a  statement  of  the  facts 
and  circumstances;  and  when  any  such  case  is  reported  to  the  said  State's 
attorney  by  the  State  Board  of  Health,  said  State's  attorney  shall  forthwith 
initiate  and  properly  follow  up  the  necessary  court  proceedings  against  the 
person  or  corporation  responsible  for  the  alleged  violation  of  the  law.  And 
upon  request  of  the  State  Board  of  Health,  the  Attorney  General  shall  like- 
wise assist  in  the  enforcement  of  the  provisions  of  this  Act. 

Provided,  that  in  cities,  incorporated  towns  or  villages,  operating  under 
local  ordinances,  the  local  registrar  may  report  such  violation  to  the  city  or 
local  prosecuting  attorney  and  any  such  prosecuting  attorney  so  notified  shall 
forthwith  initiate  and  promptly  follow  up  the  necessary  court  proceedings, 
and  when  violation  involves  both  local  ordinances  and  the  statutes,  the 
State's  attorney  and  Attorney  General,  upon  request  of  the  State  Board  of 
Health,  shall  likewise  assist  in  the  enforcement  of  the  provisions  of  this  Act. 

84.  Repeal. 

Sec.  23.  That  an  Act  entitled,  "An  Act  requiring  reports  of  births  and 
deaths,  and  the  recording  of  the  same  and  prescribing  a  penalty  for  non- 
compliance with  the  provisions  thereof,  and  repealing  certain  Acts  therein 
named,  approved  May  6,  1903,  in  force  July  1,  1903,"  and  all  amendments 
thereto  be  and  the  same  is  hereby  repealed. 

Ax  Act  to  provide  for  the  treatment  and  care  of  poor  persons  afflicted  with 
the  disease  called  raiies.    Approved  May  12,  in  force  July  1,  1905.    Laws 
1905,  p.  38. 
Whereas,   The   Forty-fourth  General  Assembly  of  the   State   of  Illinois 

recognizes  the  duty  of  the  State  to  provide  care,  for  such  of  its  citizens  as 

are,  or  may  become   afflicted  with  the   disease  of  rabies,   or  hydrophobia; 

therefore, 

85.  Rabies,  Institution  for  Treatment,  Selection. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  overseers  of  the  poor  or  other  officers 
having  charge  of  the  dispensation  of  public  charity  in  the  several  counties 
of  this  State  may  hereafter  send  to  an  institution  within  the  State  of  Illinois 
for  the  preventive  treatment  of  hydrophobia,  such  institution  to  be  selected 
by  the  State  Board  of  Health,  all  poor  persons  duly  certified  by  regular 
physicians  to  have  been  bitten  by  rabid  animals  or  otherwise  put  in  danger 
of  infection  with  rabies. 

86.  Transportation  Expenses. 

Sec.  2.  The  transportation  of  such  poor  persons,  with  necessary  attend- 
ant or  attendants  to  and  from  said  institution,  shall  be  a  charge  upon  the 


35 

counties  in  which  they  reside.  The  sustenance,  nursing  and  preventive 
treatment  of  such  poor  person  for  the  time  adjudged  necessary,  shall  be 
provided  by  such  institution. 

■87.  Appropriation. 

Sec.  3.  The  charges  for  the  services  of  said  institution  shall  be  paid  by 
the  State  of  Illinois  at  a  rate  not  exceeding  one  hundred  dollars  a  patient, 
and  there  is  hereby  appropriated  the  sum  of  two  thousand  dollars,  or  as 
much  thereof  as  may  be  necessary  to  expend,  for  the  purpose  of  this  Act. 

S8.  Inspection,  Report. 

Sec.  4.  The  said  institution  shall  be  at  all  times  open  to  the  inspection 
of  the  Governor  and  of  the  State  Board  of  Health  or  of  the  accredited  repre- 
sentative of  either,  and  shall  annually,  on  or  before  the  fifteenth  of  January 
of  each  year,  make  its  report  to  the  Governor. 

BLINDNESS,   TUBERCULOSIS    AND    OTHER   DISEASES. 

An  Act  for  the  prevention  of  blindness  from  ophthalmia  neonatorum;  de- 
fining ophthalmia  neonatorum;  designating  certain  powers  and  duties 
and  otherwise  providing  for  the  enforcement  of  this  Act.  Approved 
June  24,  in  force  July  1,  1915.     L.  1915,  p.  366. 

89.  Ophthalmia  'Neonatorum  Defined. 

Section  1.  Be  it  enacted  ly  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  any  diseased  condition  of  the  eye,  or 
•eyes  of  any  infant  in  which  there  is  any  inflammation,  swelling  or  redness 
in  either  one  or  both  eyes  of  any  such  infant,  either  apart  from  or  together, 
with  any  unnatural  discharge  from  the  eye,  or  eyes  of  such  infant,  at  any 
time  within  two  weeks  after  the  birth  of  such  infant,  shall,  independent  of 
the  nature  of  the  infection,  be  known  as  ophthalmia  neonatorum. 

90.  Obstetricians'  Duties,  Reports,  Evidence. 

Sec  2.  It  shall  be  the  duty  of  any  physician,  surgeon,  obstetrician,  mid- 
wife, nurse,  maternity,  home  or  hospital,  of  any  nature  or  parent,  assisting 
in  any  way  whatever,  any  woman  at  childbirth,  or  assisting  in  any  way 
whatsoever,  any  infant,  or  the  mother  of  any  infant,  at  any  time  within 
two  weeks  after  childbirth,  observing  or  having  a  reasonable  opportunity  to 
observe  the  condition  herein  defined,  and  within  six  hours  thereafter,  to 
report  in  writing  or  by  telephone,  followed  by  a  written  report,  such  fact  to 
the  local  health  authorities  of  the  city,  town,  village  or  other  political 
division,  as  the  case  may  be,  in  which  the  mother  of  any  such  infant  may 
reside:  Provided,  that  such  reports  and  the  records  thereof  shall  be  deemed 
privileged  information  and  shall  not  be  open  to  the  public. 

91.  Maternity  Hospitals  and  Homes,  Posting  of  Act,  Instruction,  Preventive 

Treatment,  Information. 

Sec.  3.  It  shall  be  the  duty  of  all  maternity  homes  and  any  and  all  hos- 
pitals or  places  where  women  resort  for  purposes  of  childbirth,  to  post  and 
keep  posted  in  conspicuous  places  in  their  institution,  copies  of  this  Act, 
and  to  instruct  persons  professionally  employed  in  such  homes,  hospitals 
and  places  regarding  their  duties  under  this  Act,  and  to  maintain  such  rec- 
ords of  cases  of  ophthalmia  neonatorum  in  the  manner  and  form  prescribed 
by  the  S-tate  Board  of  Health. 

It  shall  be  the  duty  of  any  and  all  physicians  and  midwives  to  advise, 
for  the  prevention  of  ophthalmia  neonatorum,  such  prophylactic  as  shall  be 
prescribed  by  the  State  Board  of  Health,  and  to  inform  the  parents  or 
guardians  of  a  child  as  to  the  dangers  and  dire  consequences  of  this  disease, 
for  the  purpose  of  preventing  the  development  of  ophthalmia  neonatorum 
in  cases  of  childbirth  attended  by  midwives;  midwives  may  employ  the  pro- 
phylactic prescribed  by  the  State  Board  of  Health,  provided  the  consent  of 
the  parent  or  parents  or  guardian  shall  first  be  obtained  for  the  use  of  such 
preventive  treatment. 


36 

92.  Health  Officers,  Duties. 

Sec.  4.  It  shall  be  the  duty  of  the  local  health  officer: 

(1)  To  Investigate,  in  so  far  as  that  can  be  done  without  entering  into 
the  home  or  interfering  with  the  child  in  any  way  without  first  securing  the 
consent  of  the  parents  or  guardians  of  such  child,  each  case  of  ophthalmia 
neonatorum  reported  to  him  in  compliance  with  this  law,  and  any  other 
such  case  as  may  come  to  his  attention. 

(2)  To  report  all  cases  of  ophthalmia  neonatorum  and  the  results  of  all 
such  investigations  as  he  may  make,  to  the  State  Board  of  Health  in  the 
manner  and  form  prescribed  by  said  board. 

93.  State  Board  of  Health,  Duties. 

Sec.  5.  It  shall  be  the  duty  of  the  State  Board  of  Health: 

(1)  To  enforce  the  provisions  of  this  Act; 

(2)  To  provide  for  the  gratuitous  distriliution  of  a  scientific  prophy- 
lactic for  ophthalmia  neonatorum,  together  with  proper  directions  for  the 
use  and  administration  thereof,  to  all  physicians  and  midwives  authorized 
by  law  to  attend  at  the  birth  of  any  child; 

(3)  To  have  printed  and  published  for  distribution  throughout  the  State 
advice  and  information  concerning  the  dangers  of  ophthalmia  neonatorum 
and  the  necessity  for  the  prompt  and  effective  treatment  thereof; 

(4)  To  furnish  similar  advice  and  information,  together  with  copies  of 
this  law  to  all  physicians,  midwives,  and  others  authorized  by  law  to  attend 
at  the  birth  of  any  child; 

(5)  To  prepare  appropriate  report  blanks  and  to  furnish  same  to  all 
local  health  officers  for  distribution  to  physicians  and  midwives  free  of 
charge; 

(6)  To  report  any  and  all  violations  of  this  Act  to  the  prosecuting  at- 
torney of  the  district  wherein  said  violation  may  have  been  committed. 

94-  Collusion  and  Concealment,  Penalty. 

Sec.  6.  Any  collusion  between  any  official  and  any  person,  or  between 
any  others  herein  named,  to  misstate  or  conceal  any  facts  which  under  this 
Act  are  essential  to  report  correctly  any  case  of  ophthalmia  neonatorum,  shall 
likewise  constitute  a  misdemeanor,  and  any  person  upon  conviction  thereof, 
shall  suffer  a  penalty  such  as  is  hereinafter  provided. 

95.  Prosecution,  State's  Attorney. 

Sec.  7.  It  shall  be  the  duty  of  the  State's  Attorney  for  the  proper  district 
to  prosecute  for  all  misdemeanors  as  herein  prescribed. 

96.  Violations,  Penalty. 

Sec.  &.  Any  person  violating  any  of  the  provisions  of  this  Act  shall  be 
guilty  of  a  misdemeanor  and  shall,  upon  conviction  thereof,  be  fined  not  less 
than  ten  ($10)  dollars  nor  more  than  one  hundred  ($100)  dollars  in  the 
discretion  of  the  court. 

97.  Repeal. 

Sec.  9.  An  Act  for  the  prevention  of  blindness,  approved  June  21,  1895, 
in  force  July  1,  1895,  is  hereby  repealed. 

An  Act  for  the  licensing,  inspection  and  regulation  of  maternity  hospitals, 
lying-in  homes,  or  other  places,  public  or  private,  for  the  confinement  of 
wom,en,  and  to  provide  a  penalty  for  violation  thereof.  Approved  June 
2It,  in  force  July  1,  1915.     L.  1915,  p.  254- 

98.  Maternity  Hospitals,  Application,  License,  Revocation. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  all  persons,  societies,  associations, 
organizations  or  corporations,  conducting,  maintaining  or  carrying  on  any 
maternity  or  lying-in  hospital  or  other  place,  public  or  private,  where  females 
may  be  received,  cared  for  or  treated  during  pregnancy  or  during  or  after 
delivery,  must  apply  for  and  obtain  license  therefor  from  the  State  Board 
of  Administration.     Applications  shall  be  made  upon  the  blanks  prescribed 


37 

by  said  board,  and  shall  be  endorsed  by  six  or  more  persons  of  good  moral 
character  who  are  regular  taxpayers  of  the  county  where  such  maternity 
or  lying-in  hospital  is  located  and  who  shall  certify  to  the  respectability  of 
the  applicant.  If,  in  the  opinion  of  said  board  such  hospital  ,  is  to  be 
carried  on  for  legitimate  purposes  and  the  persons  connected  therewith 
are  proper  and  suitable  persons  to  conduct  such  hospital,  then  a  license  shall 
be  issued. 

If  at  any  time  after  such  license  is  issued  any  manager,  superintendent 
or  person  in  charge  of  such  hospital  shall  have  violated  any  of  the  provisions 
of  this  Act  or  that  such  hospital  shall  fail  or  refuse  to  comply  with  the 
orders  of  the  State  Board  of  Administration  made  pursuant  to  this  Act,  such 
license  shall  be  immediately  revoked. 

09.  Register,  Information  Required,, Report. 

Sec.  2.  Every  licensee  shall  keep  a  register  of  all  persons  admitted, 
the  date  of  birth  of  every  child  born  on  said  premises,  date  of  discharge  of 
mother  and  of  child,  and  if  child  is  placed  in  a  foster  home,  the  name  ol 
such  foster  parent  or  parents,  the  address  thereof,  when  placed,  and  if  the 
child  has  been  legally  adopted,  and  such  other  information  as  the  State 
Board  of  Administration  may  from  time  to  time  require.  A  copy  of  all 
such  information  shall  be  made  to  said  board  on  the  first  of  each  month. 

100.  Adoption  of  Children,  Investigation. 

Sec.  3.  No  child  from  such  maternity  or  lying-in  hospital  shall  be  placed 
in  a  family,  home  or  be  legally  adopted  until  such  home  shall  have  been 
Investigated  and  approved  by  the  State  Board  of  Administration. 

101.  Visitation. 

Sec  4.  The  Board  of  Administration,  through  its  agents,  shall  at  all 
times  have  free  access  to  any  hospital  licensed  under  this  Act  and  to  all  its 
records. 

102.  Violations,  Penalty. 

Sec.  5.  Any  manager,  superintendent,  or  person  in  charge  of  such 
maternity  oi*  lying-in  hospital  who  fails  or  refuses  to  procure  a  license  as 
provided  in  section  1  hereof,  or  any  one  who  violates  any  of  the  provisions 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  fined  not  less 
than  $50  nor  more  than  $500,  or  by  imprisonment  in  the  county  jail  for  not 
to  exceed  one  year,  or  both  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

An  (Act  to  revise  the  law  in  relation  to  counties.    Approved  and  in  force 

March  31,  1874. 

103.  County  Public  Tuberculosis  Sanitarium,  Real  and  Personal  Property. 
Sec.  24.  Each  county  shall  have  power —     *     *     * 

Fifth — To  purchase  and  hold  real  estate  upon  which  may  be  erected  and 
maintained  by  the  county  a  sanitarium  for  the  care  and  treatment  of  the 
residents  of  the  county  who  may  be  afflicted  with  tuberculosis;  and  to 
purchase,  hold  and  use  all  necessary  personal  property  for  the  proper  care 
and  maintenance  of  such  real  estate  and  sanitarium.  (Amended  by  Act 
approved  June  6,  in  force  July  1,  1911.     L.  1911,  p.  246. 

104.  Buildings. 

Sec.  25.  The  county  boards  of  the  several  counties  shall  have  power — 
*     *     * 

Ninth — To  cause  to  be  erected,  or  otherwise  provided,  and  maintained, 
all  suitable  buildings  for  a  sanitarium  for  the  care  and  treatment  of  all 
persons  suffering  from  tuberculosis  who  may  be  admitted  to  said  sani- 
tarium by,  or  under  the  direction  of  said  board,  and  to  provide  for  the  main- 
tenance and  management  of  the  same.  (Amended  bv  Act  approved  June  22, 
in  force  July  1,  1915.     L.  1915,  p.  334.) 


38 

Ax  Act  to  authorize  county  authorities  to  establish  and  maintain  a  county 
tuberculosis  sanitarium,  and  branches,  dispensaries  and  other  auxiliary 
institutions  connected  with  the  same,  and  to  levy  and  collect  a  tax  to 
pay  the  cost  of  their  esetablishment  and  maintenance.  Approved  June 
28,  in  force  July  1,  1915.    L.  1915,  p.  3^6. 

105.  Sanitarium,  Establishment,  Taxes,  Fund. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  county  board,  of  each  county  of 
this  State  shall  have  the  power,  in  the  manner  hereinafter  provided,  to  estab- 
lish and  maintain  a  county  tuberculosis  sanitarium,  and  branches,  dispen- 
saries, and  other  auxiliary  institutions  connected  with  the  same,  within  the 
limits  of  such  county,  for  the  use  and  benefit  of  the  inhabitants  thereof,  for 
the  treatment  and  care  of  persons  afflicted  with  tuberculosis,  and  shall  have 
the  power  to  levy  a  tax  not  to  exceed  three  mills  on  the  dollar  annually  on 
all  taxable  property  of  such  county,  such  tax  to  be  levied  and  collected  in 
like  manner  with  the  general  taxes  of  such  county,  and  to  form,  when  col- 
lected, a  fund  to  be  known  as  the  "Tuberculosis  Sanitarium  Fund,"  which  said 
tax  shall  be  in  addition  to  all  other  taxes  which  such  county  is  now,  or  here- 
after may  be,  authorized  to  levy  on  the  aggregate  valuation  of  all  property 
within  such  county,  and  the  county  clerk,  in  reducing  tax  levies  under  the 
provisions  of  section  2  of  an  Act  entitled,  "An  Act  to  amend  section  2  of  an 
Act  entitled,  An  Act  concerning  the  levy  and  extension  of  taxes,'  approved 
May  9,  1901,  in  force  July  1,  1901,  as  amended  by  an  Act  approved  March 
29,  1905,  in  force  July  1,  1905,"  approved  June  14,  1909,  in  force  July  1,  1909, 
shall  not  consider  the  tax  for  said  tuberculosis  sanitarium  fund,  authorized 
by  this  Act,  as  a  part  of  the  general  tax  levy  for  county  purposes,  and  shall 
not  include  the  same  in  the  limitation  of  three  (3)  per  cent  of  the  assessed 
valuation  upon  which  taxes  are  required  to  be  extended. 

106.  Tuberculosis  Tax,  Submission  to  Voters,  Annual  Appropriation. 

Sec.  2.  When  one  hundred  legal  voters  of  any  county  shall  present  a 
petition  to  the  county  board  of  such  county,  asking  that  an  annual  tax  may 
be  levied  for  the  establishment  and  maintenance  of  a  county  tuberculosis 
sanitarium  in  such  county,  such  county  board  shall  instruct  the  county  clerk 
to,  and  the  county  clerk  shall,  in  the  next  legal  notice  of  a  regular  general 
election  in  such  county,  give  notice  that  at  such  election  every  elector  may 
vote  "For  the  levy  of  a  tax  for  a  county  tuberculosis  sanitarium,"  or 
"Against  the  levy  of  a  tax  for  a  county  tuberculosis  sanitarium,"  and  pro- 
vision shall  be  made  for  voting  on  such  proposition,  in  accordance  with  such 
notice,  and  if  a  majority  of  all  the  votes  cast  upon  the  proposition  shall  be 
lor  the  levy  of  a  tax  for  a  county  tuberculosis  sanitarium,  the  county  board 
of  such  county  shall  thereafter  annually  levy  a  tax  of  not  to  exceed  three 
mills  on  the  dollar,  which  tax  shall  be  collected  in  like  manner  with  other 
general  taxes  in  such  county  and  shall  be  known  as  the  "tuberculosis  sani- 
tarium fund,"  and  thereafter  the  county  board  of  such  county  shall,  in  the 
annual  appropriation  bill,  appropriate  from  such  fund  such  sum  or  sums  of 
money  as  may  be  deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  such  county  tuberculosis  sanitarium. 

101.  Directors,  Appointment  of  First  Board. 

Sec.  3.  When  in  any  county  such  a  proposition  for  the  levy  of  a  tax  for  a 
county  tuberculosis  sanitarium  has  been  adopted  as  aforesaid,  the  chairman 
or  president,  as  the  case  may  be,  of  the  county  board  of  such  county  shall, 
with  the  approval  of  the  county  board,  proceed  to  appoint  a  board  of  three 
directors,  one  at  least  of  whom  shall  be  a  licensed  physician,  and  all  of 
whom  shall  be  chosen  with  reference  to  their  special  fitness  for  such  office. 

10!^.  Directors,  Appointment  of  Succeeding  Boards,  Term  of  Office,  Removal. 
Sec.  4.  One  of  said  directors  shall  hold  office  for  one  year,  another  for 
"two  years,  and  another  for  three  years,  from  the  first  day  of  July  following 
their  appointment,  but  each  until  his  successor  is  appointed,  and  at  their 
iirst  regular  meeting  they  shall  cast  lots  for  the  respective  terms;  and  annu- 


39 

ally  thereafter  the  chairman  or  president,  as  the  case  may  be,  of  the  county 
board  shall,  before  the  first  day  of  July  of  each  year,  appoint  as  before  one 
director,  to  take  the  place  of  the  retiring  director,  who  shall  hold  office  for 
three  years  and  until  his  successor  is  appointed.  The  chairman  or  president, 
as  the  case  may  be,  of  the  county  board  may,  by  and  with  the  consent  of  the- 
county  board,  remove  any  director  for  misconduct  or  neglect  of  duty. 

109.  Vacancies,  Compensation. 

Sec.  5.  Vacancies  in  the  board  of  directors,  occasioned  by  removal,  resign 
nation,  or  otherwise,  shall  be  reported  to  the  county  board,  and  be  filled  in 
like  manner  as  original  appointments;  and  no  director  shall  receive  com- 
pensation as  such,  or  be  interested,  either  directly  or  indirectly,  in  the  pur- 
chase or  sale  of  any  supplies  for  said  sanitarium. 

110.  Organization,  Rules  and  By-Laws,  Powers  and  Duties,  Funds. 

Sec.  6.  Said  directors  shall,  immediately  after  appointment,  meet  and 
organize,  by  the  election  of  one  of  their  number  as  president  and  one  as 
secretary,  and  by  the  election  of  such  other  officers  as  they  may  deem  neces- 
sary. They  shall  make  and  adopt  such  by-laws,  rules  and  regulations  for 
their  own  guidance  and  for  the  government  of  the  sanitarium  and  the 
branches,  dispensaries  and  auxiliary  institutions  and  activities  connected 
therewith,  as  may  be  expedient,  not  inconsistent  with  this  Act.  They  shall 
have  the  exclusive  control  of  the  expenditure  of  all  moneys  collected  to  the 
credit  of  the  tuberculosis  sanitarium  fund,  and  of  the  construction  of  any 
sanitarium  building,  or  other  buildings  necessary  for  its  branches,  dispen- 
saries, or  other  auxiliaiy  institutions  or  activities  in  connection  with  said 
institution,  and  of  the  supervision,  care,  and  custody  of  the  grounds,  rooms, 
or  buildings  constructed,  leased,  or  set  apart  for  that  purpose:  Provided, 
that  all  moneys  received  for  such  sanitarium  with  the  exception  of  moneys 
the  title  to  which  rests  in  the  board  of  dii^ectors  in  accordance  with  section 
9,  infra,  shall  be  deposited  in  the  treasury  of  said  county  to  the  credit  of 
the  tuberculosis  sanitarium  fund,  and  shall  not  be  used  for  any  other  pur- 
pose, and  shall  be  drawn  upon  by  the  proper  officers  of  said  county  upon  the 
properly  authenticated  vouchers  of  said  board  of  directors.  Said  board  of 
directors  shall  have  the  power  to  purchase  or  lease  ground  within  the  limits 
of  such  county,  and  to  occupy,  lease  or  erect  an  appropriate  building  or 
buildings  for  the  use  of  said  sanitarium,  branches,  dispensaries  and  other 
auxiliary  institutions  and  activities  connected  therewith,  by  and  with  the 
approval  of  the  county  board:  Provided,  hotvever,  that  no  such  building 
shall  be  constructed  until  detailed  plans  therefor  shall  have  been  submitted 
to  the  secretary  of  the  State  Board  of  Health,  and  shall  have  been  approved 
by  him:  And,  provided,  further,  that  no  building  in  which  tuberculosis 
patients  are  to  be  housed  shall  be  built  on  the  grounds  of  a  county  poor 
farm,  but  shall  have  separate  and  distinct  grounds  of  its  own.  Said  board 
of  directors  shall  have  the  power  to  appoint  suitable  superintendents  or 
matrons,  or  both,  and  all  necessary  assistants,  and  to  fix  their  compensation,, 
and  shall  also  have  the  power  to  remove  such  appointees,  and  shall  in  gen- 
eral carry  out  the  spirit  and  intent  of  this  Act  in  establishing  and  main- 
taining a  county  tuberculosis  sanitarium:  Provided,  that  no  sanitarium  or 
branch,  or  dispensary,  or  auxiliary  institution,  or  activity,  under  this  Act, 
for  tuberculosis  patients  shall  be  under  the  same  management  as  a  county 
poor  farm  or  infirmary,  but  shall,  on  the  contrary,  be  under  a  management, 
separate  and  distinct  in  every  particular.  One  or  more  of  said  directors  shall 
visit  and  examine  said  sanitarium,  and  all  branches,  dispensaries,  auxiliary- 
Institutions,  and  activities  at  least  twice  in  each  month,  and  shall  make 
monthly  reports  of  the  condition  thereof  to  the  county  board. 

111.  Admission  to  Sanitarium,  Rules,  Privileges  and  Benefits,  'Nonresidents. 
Sec.  7.  Every  sanitarium  established  under  this  Act  shall  be  free  for  the 

benefit  of  such  of  the  inhabitants  of  such  county  as  may  be  afflicted  with 
tuberculosis,  and  they  shall  be  entitled  to  occupancy,  nursing,  care,  medicines 
and  attendance,  according  to  the  rules  and  regulations  prescribed  by  said 
board  of  directors.    Such  sanitarium  shall  always  be  subject  to  such  reason- 


40 

able  rules  and  regulations  as  said  board  of  directors  may  adopt  in  order  to 
render  the  use  of  said  sanitarium  of  the  greatest  benefit  to  the  greatest 
number,  and  said  board  of  directors  may  exclude  from  the  use  of  said  sani- 
tarium any  and  all  persons  who  shall  wilfully  violate  such  rules  or  regula- 
tions: Provided,  hoioever,  that  no  person  so  afflicted  shall  be  compelled  to 
enter  such  sanitarium,  or  ^.ny  of  its  branches,  dispensaries,  or  other  auxiliary 
institutions  without  his  consent  in  writing  first  having  been  obtained,  or,  in 
case  of  a  minor  or  one  under  a  disability,  the  consent  in  writing  of  the  parent 
or  the  parents,  guardian  or  conservator,  as  the  case  may  be.  Said  board  of 
directors  shall,  upon  request  or  by  consent  of  the  person  afflicted,  or  of  the 
parent  or  parents,  guardian  or  conservator  thereof,  have  the  power  to  extend 
the  benefits  and  privileges  of  such  institution,  under  proper  rules  and  regu- 
lations, into  the  -homes  of  persons  afflicted  with  tuberculosis,  and  to  furnish 
nurses,  instruction,  medicines,  attendance,  and  all  other  aid  necessary  to 
effect  a  cure,  and  to  do  all  things  in  and  about  the  treatment  and  care  of 
persons  so  afflicted,  which  will  have  a  tendency  to  effect  a  cure  of  the  person 
or  persons  afflicted  therewith  and  to  stamp  out  tuberculosis  in  such  county. 
And  said  board  of  directors  may  extend  the  privileges  and  use  of  such 
sanitarium  and  treatment  to  persons  so  afflicted,  residing  outside  of  such 
county,  in  this  State,  upon  such  terms  and  conditions  as  said  board  of 
directors  may  from  time  to  time  by  its  rules  and  regulations  prescribe. 

112.  Gifts  and  Donations,  Annual  Report. 

Sec.  8.  Said  board  of  directors,  in  the  name  of  the  county,  may  receive 
from  any  person  any  contribution  or  donation  of  money  or  property,  and 
shall  pay  over  to  the  treasurer  of  such  county  all  moneys  thus  received,  as 
often  as  once  in  each  month,  and  shall  take  the  receipt  of  such  treasurer 
therefor;  and  shall  also,  at  each  regular  meeting  of  the  county  board,  report 
to  such  county  board  the  names  of  all  persons  from  whom  any  such  con- 
tribution or  donation  has  been  received,  since  the  date  of  the  last  report, 
and  the  amount  and  nature  of  the  property  so  received  from  each,  and  the 
date  when  the  same  was  received.  And  said  board  of  directors  shall  make, 
on  or  before  the  second  Monday  in  June  of  each  year,  an  annual  report  to 
the  county  board,  stating  the  condition  of  their  trust  on  the  first  day  of 
June  of  that  year,  the  various  sums  of  money  received  from  the  tuberculosis 
sanitarium  fund  and  from  other  sources,  and  how  such  moneys  have  been 
expended,  and  for  what  purposes  the  number  of  patients,  and  such  other 
statistics,  information  and  suggestions  as  they  may  deem  of  general  interest. 

113.  Gifts  and  Donations,  Title. 

Sec.  9.  Any  person  desiring  to  make  any  donation,  bequest  or  devise  of 
any  money,  personal  property,  or  real  estate,  for  the  benefit  of  such  sani- 
tarium, shall  have  the  right  to  vest  the  title  to  the  money,  personal  property, 
or  real  estate  so  donated,  in  the  board  of  directors  created  under  this  Act, 
to  be  held  and  controlled  by  such  board  of  directors,  when  accepted,  accord- 
ing to  the  terms  of  the  deed,  gift,  devise,  or  bequest  of  such  property,  and 
as  to  such  property,  the  said  board  of  directors  shall  be  held  and  considered 
to  be  special  trustees. 

ll-'f.  Rules  and  Regulations,  Scope. 

Sec.  10.  When  any  such  sanitarium  is  established,  the  physicians,  nurses, 
attendants,  the  persons  sick  therein,  and  all  persons  approaching  or  coming 
within  the  limits  of  the  same  or  grounds  thereof,  and  all  furniture  and  other 
articles  used  or  brought  there,  shall  be  subject  to  such  rules  and  regulations 
as  said  board  of  directors  may  prescribe;  and  such  rules  and  regulations 
shall  extend  to  all  branches,  dispensaries,  and  other  auxiliary  institutions 
located  within  such  county,  and  to  all  employees  in  the  same,  and  to  all  em- 
ployees sent,  as  herein  provided  for,  to  the  homes  of  the  afflicted. 

115.  Physicians'  Privileges. 

Sec.  11.  All  reputable  physicians  shall  have  equal  privileges  in  treating 
patients  in  any  county  tuberculosis  sanitarium. 


41 

116.  Saving  Clause. 

Sec.  12.  Nothing  contained  in  this  Act  shall  be  construed  to  amend  or 
repeal  paragraph  ninth  of  section  25  of  an  Act  entitled,  "An  Act  to  amend 
sections  24  and  25  of  an  Act  entitled,  'An  Act  to  revise  the  law  in  relation  to 
counties,'  approved  and  in  force  March  31,  1874,"  approved  April  26,  1909,  in 
force  July  1,  1909,  but  said  paragraph  ninth  shall,  on  the  contrary,  remain 
in  full  force  and  effect. 

An  Act  to  enable  cities  and  villages  to  establish  and  maintain  public  tuber- 
culosis sanitariums.  Approved  March  7,  in  force  July  1,  lOOS.  L.  1907- 
1908,  p.  43. 

117.  Cities  and  Villages,  Public  Tuberculosis  Sanitarium,  Establishment,  Tax, 

Fund. 
Section  1.  That  the  city  council  of  cities  and  boards  of  trustees  in 
villages  of  this  State  shall  have  the  power,  in  the  manner  hereinafter  pro- 
vided, to  establish  and  maintain  a  public  sanitarium  and  branches,  dispen- 
saries and  other  auxiliary  institutions  connected  with  same  within  or  with- 
out the  limits  of  such  cities  and  villages,  for  the  use  and  benefit  of  the 
inhabitants  of  such  city  or  village  for  the  treatment  and  care  of  persons 
afflicted  with  tuberculosis,  and  shall  have  the  power  to  levy  a  tax  not  to 
exceed  one  mill  on  the  dollar  annually  on  all  taxable  property  of  such  city 
or  village,  such  tax  to  be  levied  and  collected  in  like  manner  with  the  gen- 
eral taxes  of  the  said  city  or  village  and  to  be  known  as  the  "Tuberculosis 
Sanitarium  Fund,"  which  said  tax  shall  be  in  addition  to  all  other  taxes 
which  such  city  or  village  is  now  or  hereafter  may  be  authorized  to  levy 
upon  the  aggregate  valuation  of  all  property  within  such  city  or  village, 
and  the  county  clerk,  in  reducing  tax  levies  under  the  provisions  of  section 
two  (2)  of  an  Act  entitled,  "An  Act  to  amend  section  two  (2)  of  an  Act 
entitled,  'An  Act  concerning  the  levy  and  extension  of  taxes,'  approved  May 
9,  1901,  in  force  July  1,  1901,  as  amended  by  an  Act  approved  March  29,  1905, 
in  force  July  1,  1905,"  approved  June  14,  1909,  in  force  July  1,  1909,  shall 
not  consider  the  tax  for  said  tuberculosis  sanitarium  fund  authorized  by 
this  Act  as  a  part  of  the  general  tax  levy  for  city  or  village  purposes,  and 
shall  not  include  the  same  in  the  limitatioh  of  three  (3)  per  cent  of  the 
assessed  valuation  upon  which  taxes  are  required  to  be  extended.  (Amended 
by  Act  approved  June  27,  in  force  July  1,  1913.     L.  1913,  p.  182.) 

118.  Tuberculosis  Tax,  Submission  to  Voters,  Annual  Appropriation. 

Sec.  2.  When  one  hundred  legal  voters  of  any  such  city  or  village  shall 
present  a  petition  to  the  city  council  or  board  of  trustees  of  such  city  or 
village,  as  the  case  may  be,  asking  that  an  annual  tax  may  be  levied  for 
the  establishment  and  maintenance  of  a  public  tuberculosis  sanitarium  in 
such  city  or  village,  such  city  council  or  board  of  trustees,  as  the  case  may 
be,  shall  instruct  the  city  or  village  clerk  to,  and  such  city  or  village  clerk 
shall,  in  the  next  legal  notice  of  the  regular  annual  election  in  such  city  or 
village,  give  notice  that  at  such  election  every  elector  may  vote  "For  the 
levy  of  a  tax  for  a  public  tuberculosis  sanitarium,"  or  "Against  the  levy 
of  a  tax  for  a  public  tuberculosis  sanitarium,"  and  if  the  majority  of  all  the 
votes  cast  upon  the  proposition  is,  that  such  city  or  village  shall  be  "for  the 
tax  for  a  public  tuberculosis  sanitarium,"  the  city  council  or  board  of  trus- 
tees of  such  city  or  village  shall  thereafter  annually  levy  a  tax  of  not  to 
exceed  one  mill  on  the  dollar,  which  tax  shall  be  collected  in  like  manner 
with  other  general  taxes  in  such  city  or  village  and  shall  be  known  as  the 
"Tuberculosis  Sanitarium  Fund,"  and  thereafter  the  city  council  or  board 
of  trustees,  as  the  case  may  be,  of  such  city  or  village  shall  include  and 
appropriate  from  such  fund  in  the  annual  appropriation  bill  such  sum  or 
sums  of  money  as  may  be  deemed  necessary  to  defray  all  necessary  expenses 
and  liabilities  of  such  tuberculosis  sanitarium.  (Amended  by  Act  approved 
and  in  force  March  12,  1909.  L.  1909,  p.  143.) 
110.  Directors,  Appointment  of  First  Board, 

Sec.  3.  When  any  such  city  council  or  board  of  trustees  shall  have  de- 
cided to  establish  and  maintain  a  public  tuberculosis  sanitarium  under  this 


43 

Act,  the  mayor  of  such  cities  and  the  president  of  the  board  of  trustees  of 
such  villages  shall,  with  the  approval  of  the  city  council  or  board  of  trus- 
tees, as  the  case  may  be,  proceed  to  appoint  a  board  of  three  directors,  one 
of  whom,  in  cities  or  villages  having  a  board  of  health,  shall  be  from  such 
board  of  health,  and  the  other  two  from  the  citizens  at  large  and  shall  be 
chosen  with  reference  to  their  special  fitness  for  such  office. 

120.  Directors,  Appointment  of  Succeeding  Boards,  Term  of  Office,  Removal. 
Sec.  4.  Said  directors  shall  hold  office  one-third  for  one  year,  one-third 

for  two  years  and  one-third  for  three  years  from  the  first  of  July  following 
their  appointment,  and  at  their  first  regular  meeting  shall  cast  lots  for  the 
respective  terms;  and  annually  thereafter  the  mayor  or  president  of  the 
board  of  trustees,  as  the  case  may  be,  shall,  before  the  first  of  July  each 
year,  appoint  as  before,  one  director  to  take  the  place  of  the  retiring 
director,  who  shall  hold  office  for  three  years  and  until  his  successor  is 
appointed.  The  mayor  or  president  of  the  board  of  trustees,  as  the  case  may 
be,  by  and  with  the  consent  of  the  city  council  or  board  of  trustees,  as  the 
case  may  be,  remove  any  director  for  misconduct  or  neglect  of  duty. 

121.  Vacancies,  Compensation. 

Sec.  5.  Vacancies  in  the  board  of  directors,  occasioned  by  removal,  resig- 
nation or  otherwise,  shall  be  reported  to  the  city  council  or  board  of  trustees, 
as  the  case  may  be,  and  be  filled  in  like  manner  as  original  appointments, 
and  no  director  shall  receive  compensation  as  such  and  shall  not  be  inter- 
ested, either  directly  or  indirectly,  in  the  purchase  or  sale  of  any  supplies 
for  said  sanitarium. 

122.  Organization,  Rules  and  By-Laws,  Poioers  and  Duties,  Funds. 

Sec.  6.  Said  directors  shall,  immediately  after  appointment,  meet  and 
organize  by  the  election  of  one  of  their  number  president  and  one  as  secre- 
tary and  by  the  election  of  such  other  officers  as  they  may  deem  necessary. 
They  shall  make  and  adopt  such  by-laws,  rules  and  regulations  for  their  own 
guidance  and  for  the  government  of  the  sanitarium  and  the  branches,  dis- 
pensaries and  auxiliary  institutions  and  activities  connected  therewith  as 
may  be  expedient,  not  inconsistent  with  this  Act  and  the  ordinances  of  such 
city  or  village.  They  shall  have  the  exclusive  control  of  the  expenditure  of 
all  moneys  collected  to  the  credit  of  the  tuberculosis  sanitarium  fund  and  of 
the  construction  of  any  sanitarium  building  or  other  buildings  necessary  for 
its  branches,  dispensaries  and  other  auxiliary  institutions  and  activities  in 
connection  with  said  institution,  and  of  the  supervision,  care  and  custody 
of  the  grounds,  rooms  or  buildings  constructed,  leased  or  set  apart  for  that 
purpose:  Provided,  that  all  moneys  received  for  such  sanitarium  shall  be 
deposited  in  the  treasury  of  said  village  or  city  to  the  credit  of  the  tuber- 
culosis sanitarium  fund,  and  shall  not  be  used  for  any  other  purpose  and 
shall  be  drawn  upon  by  the  proper  officers  of  said  city  or  village  upon  the 
properly  authenticated  vouchers  of  the  sanitarium  board.  Said  board  shall 
have  the  power  to  purchase  or  lease  ground  within  or  without  the  limits  of 
such  city  or  village,  and  to  occupy,  lease  or  erect  an  appropriate  building  or 
buildings  for  the  use  of  said  sanitarium,  branches,  dispensaries  and  other 
auxiliary  institutions  and  activities  connected  therewith,  by  and  with  the 
approval  of  the  city  council  or  board  of  trustees,  as  the  case  may  be;  and 
shall  have  the  power  to  appoint  suitable  superintendents  or  matrons,  or 
both,  and  all  necessary  assistants,  and  fix  their  compensation,  and  shall  also 
have  the  power  to  remove  such  appointees,  and  shall  in  general  carry  out 
the  spirit  and  intent  of  this  Act  in  establishing  and  maintaining  a  public 
sanitarium,  and  one  or  all  of  said  directors  shall  visit  and  examine  said 
sanitarium  at  least  twice  in  each  month  and  make  monthly  reports  of  its 
condition  to  the  city  council  or  board  of  trustees,  as  the  case  may  be. 
(Amended  by  Act  approved  June  27,  in  force  July  1,  1913.     L.  1913,  p.  182.) 

12S.  Admission  to  Sanitarium,  Rules,  Privileges  and  Benefits,  Nonresidents. 

Sec.  7.  Every  sanitarium  established  under  this  Act  shall  be  free  for  the 

benefit  of  the  inhabitants  of  such  city  or  village  who  may  be  afflicted  with 


43 

tuberculosis,  and  they  shall  be  entitled  to  occuiiancy.  nursing,  care,  medicines 
and  attendance  according  to  the  rules  and  regulations  prescribed  by  said 
board.  Such  sanitarium  shall  always  be  subject  to  such  reasonable  rules 
and  regulations  as  said  board  may  adopt  in  order  to  render  the  use  of 
said  sanitarium  of  the  greatest  benefit  to  the  greatest  number,  and  said 
board  may  exclude  from  the  use  of  said  sanitariuim  any  and  all  inhabitants 
and  persons  who  shall  wilfully  violate  such  rules  or  regulations:  Provided, 
however,  that  no  person  so  afflicted  shall  be  compelled  to  enter  such  sani- 
tarium or  any  of  its  branches,  dispensaries  or  other  auxiliary  institutions 
without  his  consent  in  writing  first  having  been  obtained,  or  in  case  of  a 
minor  or  one  under  a  disability,  the  consent  in  writing  of  the  parents, 
guardian  or  conservator,  as  the  case  may  be. 

Said  board  shall,  upon  request  or  by  consent  of  the  party  afflicted  or  the 
legal  guardian,  conservator  or  parents  thereof,  have  the  power  to  extend  the 
benefits  and  privileges  of  such  institution,  under  proper  rules  and  regula- 
tions, into  the  homes  of  persons  afflicted  with  tuberculosis  and  to  furnish 
nurses,  instruction,  medicines,  attendance  and  all  other  aid  necessary  to 
effect  a  cure,  and  to  do  all  things  in  and  about  the  treatment  and  care  of 
persons  so  afflicted  which  will  have  a  tendency  to  effect  a  cure  of  the  person 
or  persons  so  afflicted  therewith  and  to  stamp  out  tuberculosis  in  such  city 
or  village.  I 

And  said  board  may  extend  the  privileges  and  use  of  such  sanitarium 
and  treatment  to  persons  residing  outside  of  such  city  or  village  in  this 
State  so  afflicted,  upon  such  terms  and  conditions  as  said  board  may  from 
time  to  time  by  its  rules  and  regulations  prescribe.  (Amended  by  Act 
approved  June  27,  in  force  July  1,  1913.     L.  1913,  p.  182.) 

12J}.  Gifts  and  Donations,  Annual  Report. 

Sec.  8.  S-aid  board  of  directors,  in  the  name  of  the  city  or  village,  may 
receive  from  any  inhabitant  or  person  any  contribution  or  donation  of  money 
or  property  and  shall  pay  over  to  said  city  or  village  treasurer  all  moneys 
thus  received  as  often  as  once  in  each  month  and  shall  take  the  receipt  of 
the  treasurer  therefor;  and  shall  also,  at  the  regular  monthly  meeting  of 
the  city  council  or  board  of  trustees,  report  to  such  city  council  or  board  of 
trustees,  the  names  of  such  persons  or  inhabitants  from  whom  any  such 
contribution  or  donation  has  been  received  and  the  amount  and  nature  of 
property  so  received  from  each  and  the  date  when  the  same  was  received. 
And  said  board  of  directors  shall  make,  on  or  before  the  second  Monday  in 
June  of  each  year,  an  annual  report  to  the  city  council  or  board  of  trustees, 
as  the  case  may  be,  stating  the  condition  of  their  trust  on  the  first  day  of 
June  of  that  year,  the  various  sums  of  money  received  from  the  "Sanitarium 
Fund,"  and  from  other  sources  and  how  much  moneys  have  been  expended 
and  for  what  purposes;  the  number  of  patients  and  such  other  statistics,. 
information  and  suggestions  as  they  may  deem  of  general  interest. 

125.  Rules  and  Regulations,  Scope. 

Sec.  9.  When  such  sanitarium  is  established,  the  physicians,  nurses, 
attendants,  the  persons  sick  therein  and  all  persons  approaching  or  coming 
within  the  limits  of  the  same  or  grounds  thereof,  and  all  furniture  and  other 
articles  used  or  brought  there,  shall  be  subject  to  such  rules  and  regulations 
as  said  board  may  prescribe;  and  such  rules  and  regulations  shall  extend  to 
all  branches,  dispensaries  and  other  auxiliary  institutions  located  within 
or  without  such  city  or  village  and  to  all  employees  in  same  and  to  all  em- 
ployees sent  to  the  homes  of  the  afflicted  as  herein  provided  for.  (Amended 
by  Act  approved  June  27,  in  force  July  1,  1913.     L.  1913,  p.  182.) 

126.  Gifts  and  Donations,  Title. 

Sec.  10.  Any  person  desiring  to  make  any  donation,  gift,  bequest,  or 
devise  of  any  money,  personal  property  or  real  estate,  for  the  benefit  of 
such  sanitarium  shall  have  the  right  to  vest  the  title  to  the  money,  personal 
property  or  real  estate  so  donated  in  the  board  of  directors  created  under 
this  Act,  to  be  held  and  controlled  by  such  board,  when  accepted,  according 
to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such  property  and  as. 


44 

to  such,  property,  the  said  board  shall  be  held  and  considered  to  be  special 
trustees. 

121.  Physicians'  Privileges. 

Sec.  11.  All  reputable  physicians  shall  have  equal  privileges  in  treating 
patients  in  said  sanitarium. 

128.  Abolishmetit  of  Sanitarium,  Ordinance,  Enactment. 

Sec.  12.  Whenever  the  Board  of  Directors  of  any  Public  Tuberculosis 
Sanitarium,  established  and  maintained  under  this  Act,  shall  recommend,  in 
writing,  to  the  city  council  or  board  of  trustees,  as  the  case  may  be,  the  dis- 
continuance of  any  public  tuberculosis  sanitarium,  stating  in  said  report  the 
reasons  therefor,  the  said  city  council  or  board  of  trustees,  may  pass  an  ordi- 
nance for  the  discontinuance  of  such  public  tuberculosis  sanitarium.  (Added 
by  amendment  by  Act  approved  June  28,  in  force  July  1,  1915.    L.  1915,  p.  314.) 

129.  Abolishment   Ordinance,  Referendum. 

Sec.  13.  Whenever  such  ordinance  is  passed  for  the  discontinuance  of 
any  such  sanitarium,  the  said  ordinance  shall  be  submitted  to  the  voters  of 
such  city  or  village,  as  the  case  may  be,  at  the  next  succeeding  general  or 
special  election,  or  at  any  special  election  called  for  that  purpose,  and  the 
said  ordinance  shall  become  operative,  effective  and  valid  if  approved  by  a 
majority  of  such  voters  voting  upon  the  question.  (Added  by  amendment  by 
Act  approved  June  28,  in  force  July  1,  1915.    L.  1915,  p.  314.) 

ISO.  Abolishment  Ballot,  Form. 

Sec-.  14.  Such  ordinance  shall  be  printed  on  a  ballot  in  full,  which  shall 
be  separate  and  distinct  from  the  ballot  for  candidates  for  office.  The  ballot 
to  be  used  for  any  such  election  in  voting,  under  this  Act,  shall  be  substan- 
tially in  the  following  form: 


For  the  abolition  of  the  public  Tuberculosis  Sanitarium     j 

of  the  City  (or  village,  as  the  case  may  be)  of |    Yes 

as  provided  in  Ordinance  Number ■ I 


Against  the  abolition  of  the  public  Tuberculosis  Sanita-     | 
rium  of  the  City    (or  village  as  the  case  may  be)    of     |    No 
,  as  provided  in  Ordinance  Number I 


(Added   by   amendment   by   Act    approved   June   28,    in   force   July    1,    1915. 
L.  1915,  p.  314.) 

131.  Al)Olishme?it  of  Sanitarium,  Fu?ids,  Transfer. 

Sec.  15.  Whenever  such  ordinance  shall  have  been  ratified,  and  make 
(made)  effective,  operative  and  valid  by  vote,  as  provided  in  the  last  pre- 
ceding section,  the  city  council  or  board  of  trustees  of  such  city  or  village, 
may  after  having  discharged  all  financial  obligations  of  such  Tuberculosis 
Sanitarium  by  appropriate  ordinance,  transfer  any  moneys  then  in  the 
"Tuberculosis  Sanitarium  Fund"  from  such  fund  into  any  other  lawful  ap- 
propriation or  appropriations  of  such  city  or  village.  (Added  by  amend- 
ment by  Act  approved  June  28,  in  force  July  1,  1915.    L.  1915,  p.  314.) 

An  Act  to  revise  the  law  in  relation  to  the  suppression  and  prevention  of 
the  spread  of  contagious  and  infectious  diseases  among  domestic  ani- 
mals,   approved  June  14,  in  force  July  1,  1909.    Laios,  1909,  p.  S. 

132.  Contagious  Diseases  among  Domestic  Animals,  Communicable  Diseases, 

Investigation,  Quarantine,  Appraisal,  Slaughter. 
"  Sec.  2.  It  shall  be  the  duty  of  said  Board  of  Live  Stock  Commissioners  to 
cause  to  be  investigated  any  and  all  cases,  or  alleged  cases,  coming  to  their 


^^  The    following     provisions     were     taken        .\griculture  which  is  charged  with  the  enforce- 
from    the     "General     Information    and    Laws"        ment  of  the  Act. 
Pamphlet    compiled     for     the     Department    of 


45 

knowledge,  of  communicable  diseases  among  domestic  animals,  within  this 
State,  and  to  use  all  proper  means  to  prevent  the  spread  of  such  disease, 
and  to  provide  for  the  extirpation  thereof;  and  in  the  event  of  reasonable 
ground  for  the  belief  that  any  such  communicable  disease  exists  in  this  State. 
it  shall  be  the  duty  of  the  person  owning  or  having  in  charge  any  animal 
or  animals  infected  with  such  disease,  or  any  other  person  having  knowledge 
or  reason  to  suspect  the  existence  of  such  disease,  to  immediately  notify  said 
Board  of  Live  Stock  Commissioners,  or  some  member  thereof,  by  communi- 
cation to  said  board  or  member,  of  the  existence  of  such  disease,  and  there- 
upon it  shall  be  the  duty  of  said  board,  or  some  member  thereof,  or  author- 
ized agent  of  the  board,  immediately  to  cause  proper  examination  thereof  to 
be  made,  and  if  such  disease  shall  be  found  to  be  a  dangerously  contagious 
or  dangerously  infectious  malady,  said  board,  or  any  member  thereof,  or  the 
State  veterinarian,  or  any  assistant  State  veterinarian,  shall  order  such 
diseased  animals,  and  such  as  have  been  exposed  to  contagion,  and  the 
premises  in  or  on  which  they  are,  or  which  may  have  been  recently  occupied 
by  them,  to  be  strictly  quarantined;  and  they  shall  have  power  to  order  any 
premises  and  farms  where  the  disease  exists,  or  has  recently  existed,  as  well 
as  exposed  premises  and  farms,  to  be  put  in  quarantine  so  that  no  domestic 
animal  which  has  been  or  is  so  diseased,  or  has  been  exposed  to  such  com- 
municable disease,  be  removed  from  the  premises  so  quarantined,  nor  allow 
any  animal  susceptible  to  such  disease  to  be  brought  therein  or  thereon, 
except  under  such  rules  and  regulations  as  said  Board  of  Live  Stock  Com- 
missioners may  prescribe,  which  quarantine,  and  every  quarantine  estab- 
lished under  the  provisions  of  this  Act,  shall  remain  in  force  and  effect  until 
removed  by  order  of  said  board;  and  said  board  shall  prescribe  such  regu- 
lations as  they  may  deem  necessary  to  prevent  any  such  disease  from  being 
communicated  from  any  such  diseased  animal  or  exposed  animal  or  from  the 
infected  premises  or  through  any  other  means  of  communication.  In  all  such 
cases  the  said  Board  of  Live  Stock  Commissioners,  or  in  case  the  number  of 
animals  shall  not  exceed  five,  any  member  thereof,  shall  have  power  to  order 
the  slaughter  of  any  or  all  such  diseased  or  exposed  animlals.  The  said 
board  shall  also  have  power  to  cause  to  be  destroyed  all  barns,  stables, 
premises,  fixtures,  furniture  and  personal  property  infected  with  any  such 
communicable  disease,  so  far  as  in  their  judgment  may  be  necessary  to  pre- 
vent the  spread  of  such  disease  and  where  the  same  cannot  be  properly 
disinfected;  and  to  order  the  disinfection  of  all  cars,  boats  or  other  vehicles 
used  in  transporting  animals  affected  with  any  such  communicable  disease. 
or  that  have  been  exposed  to  the  contagion  thereof,  and  the  disinfection  of 
all  yards,  pens  and  chutes  that  may  have  been  used  in  handling  such  dis- 
eased or  exposed  animals. 

When  the  said  board,  upon  the  written  report  of  the  State  veterinarian, 
or  any  of  his  assistants,  determines  that  any  animal  is  affected  with,  or  has 
Iseen  exposed  to  any  dangerously  contagious  or  infectious  disease,  the  board, 
or  any  member  thereof,  or  any  of  its  duly  authorized  agents,  may  agree  with 
the  owner  upon  the  value  of  such  animal  or  of  any  property  that  it  may  be 
found  necessary  to  destroy,  and  in  case  such  an  agreement  cannot  be  made, 
said  animals  or  property  shall  be  appraised  by  three  competent  and  disin- 
terested appraisers,  one  to  be  selected  by  the  State  Board  of  Live  Stock 
Commissioners,  one  by  the  claimant  and  one  by  the  two  appraisers  thus 
selected.  Such  appraisers  shall  subscribe  to  an  oath  in  writing  to  fairly  value 
such  animals  or  property  in  accordance  with  the  requirements  of  this  Act, 
which  oath,  together  with  the  valuation  fixed  by  such  appraisers,  shall  be 
iiled  with  the  board  and  be  preserved  by  them.  Upon  such  appraisement 
"being  made,  it  shall  become  the  duty  of  the  owner  to  immediately  destroy 
such  animals  and  to  dispose  of  the  carcasses  thereof,  and  to  disinfect  the 
premises  occupied  by  such  animals,  in  accordance  with  the  rules  prescribed 
by  said  board  governing  such  destruction  and  disinfection.  And  upon  his 
failure  so  to  do,  said  board,  or  any  member  thereof,  shall  cause  such  animal 
or  animals  or  property  to  be  destroyed  and  disposed  of,  and  thereupon  such 
owner  shall  forfeit  all  right  to  receive  any  compensation  for  the  destruction 
of  such  animal  or  animals  or  property. 


46 

When  the  said  board,  upon  the  writen  report  of  the  State  veterinarian, 
of  any  assistant  State  veterinarian,  determines  that  any  barns,  stables,  out- 
buildings or  premises  are  so  infected  that  the  same  cannot  be  disinfected,, 
they  may  quarantine  such  barns,  stables,  outbuildings  or  premises  from  use 
for  the  animals  that  might  be  infected  by  such  use,  and  such  quarantine 
shall  continue  in  force  and  effect  until  removed  by  the  board,  and  a  violation 
of  such  quarantine  shall  be  punished  in  the  same  manner  as  is  provided 
for  violations  of  other  quarantine  by  this  Act. 

Any  person  feeling  himself  aggrieved  by  any  quarantine  established 
under  the  provisions  of  this  Act  may  appeal  to  the  full  Board  of  Live  Stock 
Commissioners,  who  shall  thereupon  sustain,  modify  or  annul  such  quaran- 
tine, as  they  may  deem  proper. 

Whenever  quarantine  is  established  in  accordance  with  the  provisions, 
of  this  Act,  valid  notice  of  the  same  may  be  given  by  leaving  with  the  owner 
or  occupant  of  any  premises  so  quarantined,  in  person,  or  by  delivering  to 
any  member  of  his  family,  or  any  employee,  over  the  age  of  ten  years  found 
upon  the  premises  so  quarantined,  notice  thereof,  written  or  printed,  or 
partly  written  and  partly  printed,  and  at  the  same  time  explaining  the  con- 
tents thereof.  Such  quarantine  shall  be  sufficiently  proven  in  any  court  by 
the  production  of  a  true  copy  of  such  notice  of  quarantine  with  a  return 
thereon  of  the  service  of  the  same  in  the  manner  above  required,  attested  by 
the  seal  of  the  Board  of  Live  Stock  Commissioners,  with  the  signature  of 
the  proper  officer  thereof.  (As  amended  by  Act  approved  June  29,  1915,  in 
force  July  1,  1915.     L.  1915,  p.  3.) 

133.  Affected  Districts,  Re%)ort,  Proclamation,  Quarantine,  Penalty. 

Sec.  3.  Whenever  said  Board  of  Live  Stock  Commissioners  shall  become 
satisfied  that  any  communicable  disease  exists  among  domestic  animals  in 
any  municipality  or  geographical  district  in  this  State,  and  in  their  juagment 
it  is  necessary  to  quarantine  such  municipality  or  geographical  district  in 
order  to  prevent  the  spread  of  such  disease  into  contiguous  territory,  they 
shall  repo7-t  the  same  to  the  Governor,  who  may  thereupon,  by  proclamation,, 
schedule  and  quarantine  such  municipality  or  geographical  district,  prohibit- 
ing all  domestic  animals  of  the  kind  diseased  within  such  municipality  or 
geographical  district  from  being  moved  from  one  premises  to  another  or 
over  any  public  highway  or  any  unfenced  lot  or  piece  of  ground,  or  from 
being  brought  into,  or  taken  from,  such  infected  municipality  or  geographical 
district,  except  upon  obtaining  a  special  permit,  signed  by  the  Board  of  Li 
Stock  Commissioners,  or  member  thereof,  or  the  agent  or  officer  of  the 
board  duly  authorized  by  it  to  issue  such  permits;  and  such  proclamation 
shall  from  the  time  of  its  publication  bind  all  persons.  After  the  publi- 
cation of  the  aforesaid  proclamation,  it  shall  be  the  duty  of  every  person  who 
owns,  or  who  is  in  charge  of  animals  of  the  kind  diseased  within  such 
municipality  or  geographical  district,  to  report  to  said  board  within  one 
week  thereafter  the  number  and  description  of  such  animals,  location,  and 
the  name  and  address  of  the  owner  or  person  in  charge,  and  during  the  con- 
tinuance of  such  quarantine  to  report  to  said  board  all  cases  of  sickness, 
deaths  or  births  among  such  animals.  It  shall  also  be  the  duty  of  all  per- 
sons within  such  municipality  or  geographical  district  so  quarantined,  receiv- 
ing, having  or  purchasing  domestic  animals  of  the  kind  diseased,  for 
slaughter,  to  delay  the  killing  of  such  animals  until  a  veterinary  surgeon, 
with  authority  from  said  board,  is  present  to  make  a  postmortem  examina- 
tion of  the  carcass.  Any  violation  of  the  aforesaid  quarantine  regulations 
and  prescribed  duties  shall  be  visited  with  like  penalties,  which  may  be 
recovered  in  like  manner,  as  provided  in  section  6  of  this  Act:  Provided, 
that  nothing  contained  in  this  section  shall  be  so  construed  as  to  prevent 
the  movement  of  any  animal  or  animals  of  the  kind  diseased  through  such 
quarantined  territory  under  such  regulations  as  the  Board  of  Live  Stock 
Commissioners  may  prescribe  and  the  Governor  approve:  And,  provided, 
-further,  that  no  animals  of  the  kind  diseased  within  such  municipality  or 
geographical  district,  slaughtered  by  order  of  said  board,  shall  be  taken  from, 
such  municipality  or  geographical  district  for  slaughter. 


47 

ISJf.  Affected  Districts,  Proclamation,  Importation,  Penalty. 

Sec.  4.  Whenever  said  Board  of  Live  Stock  Commissioners  shall  report 
to  the  Governor  that  any  communicable  disease  exists  in  any  other  state, 
territory,  district,  province  or  country,  or  in  any  portion  thereof,  or  in  any 
locality  therein,  or  that  the  condition  of  any  domestic  animals  coming  there- 
from into  this  State  is  such  as  would  render  them  liable  to  convey  any 
such  disease,  he  may,  by  proclamation,  schedule  such  state,  territory,  district, 
province  or  country,  or  any  portion  thereof,  or  any  locality  therein,  and  pro- 
hibit the  importation  or  bringing  therefrom  into  this  State  of  any  live  stock 
of  the  kind  diseased,  or  of  any  live  stock  that  has  been  exposed  to  such 
disease,  or  whose  condition  would  render  them  liable  to  convey  such  disease 
to  other  animals,  or  of  any  carcasses  or  portions  of  carcasses,  or  of  any  hay, 
straw,  fodder  or  other  material  capable  of  conveying  infection,  except  under 
such  regulations  as  may  be  prescribed  by  said  board  and  approved  by  the 
Governor.  Any  person,  firm,  joint  stock  company  or  corporation  that  shall 
knowingly  transport,  receive  or  convey  such  prohibited  stock  from  the 
scheduled  district  into  the  State  of  Illinois  in  violation  of  any  such  regula- 
tion, or  which  shall  so  transport  any  carcasses,  or  portions  of  carcasses,  or 
any  hay,  straw,  fodder  or  other  material  capable  of  conveying  infection, 
which  may  be  prohibited  by  any  rule  or  regulation  of  the  Board  of  Live 
Stock  Commissioners,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  less  than  $1,000  nor  more  than  $10,000 
for  each  and  every  offense,  and  shall  be  liable  for  any  and  all  damages  or 
loss  that  may  be  sustained  by  any  person  or  persons  or  corporation  by  reason 
of  such  importation  or  transportation  of  such  prohibited  stock,  or  prohibited 
materials  above  mentioned.  Such  penalty  shall  be  recovered  in  any  county 
in  this  State  into  or  through  which  such  stock  or  material  is  brought,  in  any 
court  of  competent  jurisdiction. 

135.  Removal  of  Diseased  Animals. 

Sec.  5.  Nothing  contained  in  this  Act,  or  any  section  thereof,  shall  be 
interpreted  so  as  to  prevent  the  movement  or  shipment  of  diseased  or  ex- 
posed animals  under  the  orders  of  the  board  created  by  this  Act,  from  one 
place  to  another  by  said  board  or  its  agents,  by  driving  along  the  public 
highway  or  shipment  on  cars  or  steamboats,  when,  in  the  opinion  of  said 
board,  such  removal  is  necessary  for  the  suppression  of  any  communicable 
•disease. 

136.  Concealment  of  Disease  in  Animals,  Penalty. 

Sec-.  6.  Any  person  who,  knowing  that  any  communicable  disease  exists 
among  his  domestic  animals,  shall  conceal  such  fact,  or  knowing  of  the 
existence  of  such  disease,  shall  sell  any  animal  or  animals  so  diseased,  or 
any  exposed  animal,  or  knowing  the  same,  shall  remove  any  such  diseased 
or  exposed  animal  from  his  premises  to  the  premises  of  another,  or  knowing 
of  the  existence  of  such  disease,  or  exposure  thereto,  shall  drive  or  lead,  or 
ship  any  animal  so  diseased  or  exposed,  by  any  car  or  steamboat,  to  any 
place  in  or  out  of  this  State;  and  any  person  or  persons  who  shall  bring  any 
such  diseased,  or  knowingly,  shall  bring  any  such  exposed  animal  or.  animals 
into  this  State  from  another  state;  and  any  person  or  persons  who  shall 
knowingly  buy,  receive,  sell  or  convey,  or  engage  in  the  traffic  of  such 
diseased  or  exposed  stock,  and  any  person  who  shall  violate  any  quarantine 
regulation  established  under  the  provisions  of  this  Act,  shall,  for  each, 
either,  any  or  all  Acts  above  mentioned  in  this  section,  be  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  or  of  any  one  of  said  Acts,  shall  be 
fined  in  any  sum  not  less  than  $25  nor  more  than  $200,  and  be  imprisoned  in 
the  county  jail  until  the  fine  and  costs  are  paid,  and  shall  forfeit  all  right 
to  any  compensation  for  any  animal  or  property  destroyed  under  the  pro- 
visions of  this  Act. 

Any  veterinary  practitioner  having  information  of  the  existence  of  anv 
■communicable  disease  among  domestic  animals  in  this  State,  who  shall  fail 
to  promptly  report  such  knowledge  to  said  Board  of  Live  Stock  Commis- 
sioners, shall  be  fined  not  exceeding  $500,  or  be  imprisoned  in  the  county 
jail  not  more  than  one  year  for  each  offense. 


48 

131.  Importation  of  Bulls,  Etc.,  Certificate  6f  Health. 

Sec.  13.  All  bulls,  cows  or  heifers  exceeding  the  age  of  nine  months 
brought  into  the  State  of  Illinois  by  any  person,  persons,  firm,  company  or 
corporation,  or  by  any  railroad  or  other  transportation  company,  (unless 
said  bulls,  cows,  or  heifers  are  consigned  to  and  delivered  by  the  transporta- 
tion company  within  the  confines  of  the  Union  Stock  Yards,  Chicago;  the 
National  Stock  Yards,  East  St.  Louis,  or  the  Union  Stock  Yards,  Peoria), 
or  any  other  like  public  stock  yard,  shall  be  accompanied  by  a  certificate  of 
health,  including  the  tuberculin  test,  administered  in  accordance  with  the 
regulations  of  the  United  State  Bureau  of  Animal  Industry  within  thirty 
days  previous  to  said  cattle  being  brought  into  the  State  of  Illinois.  (This 
and  the  following  7  sections  added  by  Act  approved  June  29,  1915,  in  force 
July  1,  1915.    L.  1915,  p.  6.) 

138.  Importation  of  Bulls,  Exchange  of  Cattle. 

Sec.  13a.  The  foregoing  provisions,  however,  shall  not  apply  to  the 
importation  of  bulls,  cows  or  heifers  from  herds  which  are  oflicially  regis- 
tered by  the  live  stock  sanitary  authorities  of  the  State  of  origin  as  being 
free  from  tuberculosis  and  other  contagious  and  infectious  diseases.  Recip- 
rocal exchange  of  cattle  from  "State  Accredited  Herds"  shall  be  permitted 
under  regulations  prescribed  by  the  State  Board  of  Live  Stock  Commis- 
sioners. 

139.  Importation  of  Bulls,  -Certificates  of  Health,  Requirements. 

Sec.  13b.  All  certificates  of  health  shall  be  issued  in  duplicate  form  by 
veterinarians  in  good  standing  and  shall  be  approved  by  the  State  veter- 
inarian or  official  in  charge  of  live  stock  sanitary  control  in  the  State  in 
which  the  shipment  has  its  origin,  or  by  an  inspector  of  the  United  States 
Bureau  of  Animal  Industry.  Before  accepting  consignments  of  bulls,  cows 
or  heifers  for  importation  into  the  State  of  Illinois,  transportation  companies 
shall  require  that  the  original  of  said  certificate  of  health  be  delivered  to 
them  to  be  attached  to  the  way  bill  and  accompanying  the  shipment  to  its 
destination.  When  such  bulls,  cows  or  heifers  are  driven  into  the  State  of 
Illinois  said  certificate  of  health  must  be  carried  by  the  person  in  charge  of 
said  cattle.  A  duplicate  of  each  certificate  of  health  under  which  bulls,  cows 
or  heifers  are  brought  into  the  State  of  Illinois,  for  breeding  or  dairy  pur- 
poses as  in  this  Act  required,  shall  be  mailed  to  the  State  veterinarian^ 
Springfield,  111.,  on  or  before  the  date  of  bringing  such  cattle  into  the  State. 
Furthermore,  the  agent  of  any  transportation  company  delivering  cattle 
covered  by  a  certificate  of  health  within  the  State  of  Illinois  shall  imme- 
diately detach  from  said  way  bill  said  certificate  of  health  and  immediately 
forward  same  to  the  State  veterinarian,  Springfield,  111.;  and  such  trans- 
portation company  may,  with  each  shipment,  require  an  extra  duplicate  to 
be  filed  with  such  transportation  company  for  record. 

140.  Transportation  of  Cattle,  Permits. 

Sec.  13c.  Bulls,  cows  or  heifers  for  feeding  or  grazing  only,  may  be 
shipped  or  driven  into  the  State  of  Illinois,  or  removed  from  public  stock 
yards  within  the  State  upon  a  permit  issued  by  the  State  Board  of  Live 
Stock  Commissioners,  provided  that  all  such  cattle  shall  be  placed  in  quaran- 
tine upon  the  premises  of  the  owner  until  released  therefrom,  or  until  they 
have  passed  a  negative  tuberculin  test,  administered  in  accordance  with  the 
regulations  of  the  United  States  Bureau  of  Animal  Industry  at  the  expense 
of  the  owner.  No  shipment  of  bulls,  cows  or  heifers  exceeding  the  age  of 
nine  months,  unless  consigned  to  and  delivered  by  the  transportation  com- 
pany within  the  confines  of  the  Union  Stock  Yards,  Chicago,  the  National 
Stock  Yards,  Bast  St.  Louis,  or  the  Union  S'tock  Yards,  Peoria,  or  any 
other  like  public  stock  yards,  shall  be  accepted  for  shipment  or  delivery 
into  the  State  of  Illinois  by  any  person  or  persons,  firm,  corporation,  or 
transportation  company,  (unless  said  cattle  are  covered  by  a  permit  duly 
executed  by  the  owner  or  his  agent,  consigning  said  cattle  in  quarantine  for 
feeding  or  grazing  only).     Transportation  companies  before  accepting  such 


49 

shipment  shall  require  all  permits  to  be  executed  in  duplicate  form  by  the 
owner  or  his  agent.  One  copy  shall  be  attached  to  the  way  bill  and  the 
agent  of  the  transportation  company  accepting  such  shipments  shall  imme- 
diately forward  copy  of  said  permit  to  the  State  veterinarian,  Springfield, 
Illinois. 

IJfl.  Tuberculin  Test,  Expense,  Lien. 

Sec.  14.  Any  bulls,  cows  or  heifers  imported  into  the  State  of  Illinois  in 
violation  of  the  foregoing  provisions  of  this  act  shall  be  placed  in  quarantine 
by  the  State  Board  of  Live  Stock  Commissioners,  and  so  held  until  they 
have  been  subjected  to  and  successfully  pass  a  negative  tuberculin  test 
administered  under  the  direction  of  the  State  Board  of  Live  Stock  Commis- 
sioners at  the  expense  of  the  owner,  shipper  or  consignee,  which  expense 
shall  constitute  a  lien  upon  said  cattle  until  said  expense  has  been  paid. 
Any  such  cattle  as  may  react  to  said  tuberculin  test  shall  be  slaughtered 
under  the  direction  of  the  State  Board  of  Live  Stock  Commissioners  and 
the  owner  shall  receive  only  the  proceeds  resulting  from  said  slaughter 
after  deducting  necessary  expenses  in  connection  therewith. 

142.  Tuberculin  Tested  Cattle,  Sale. 

Sec.  15.  It  shall  be  unlawful  to  sell,  offer  for  sale,  or  to  purchase  any 
bulls,  cows  or  heifers  known  to  have  reacted  to  the  tuberculin  test,  except 
under  regulations  prescribed  by  the  State  Board  of  Live  Stock  Commission- 
ers, to  wit:  Bulls,  cows  and  heifers  which  have  reacted  to  the  tuberculin 
test,  provided  they  show  no  physical  evidence  of  disease,  may  be  sold  and 
delivered  within  the  State,  provided  the  purchaser  shall  first  secure  a  permit 
from  the  State  Board  of  Live  Stock  Commissioners,  wherein  it  is  agreed 
that  such  reacting  cattle  shall  be  kept  separate  and  apart  from  all  non- 
reacting  cattle,  and  shall  be  maintained  under  strict  quarantine  until  released 
therefrom  for  sale  or  slaughter  under  State  or  Federal  inspection  by  permit 
issued  by  the  State  Board  of  Live  Stock  Commissioners. 

Sec.  16.   (Repealed.) 

143.  Tuberculin  Test,  Consent. 

Sec.  17.  No  bulls,  cows  or  heifers,  now  forming  a  part  of  the  domestic 
herds  of  this  State  or  hereafter  born  and  raised  in  this  State,  shall  be  sub- 
jected to  the  tuberculin  test  by  the  State  veterinarian  or  his  assistants, 
without  the  consent  of  the  owner  thereof. 

lJf4-  Penalty. 

Sec.  18.  Any  railroad  company,  stock  yards  company,  corporation,  person 
or  persons  violating  any  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor  and  punished  by  a  fine  not  exceeding  one  thousand  dollars 
($1,000). 

An  Act  to  prohibit  the  establishing  and  enforcing  of  the  tuberculin  test  for 
dairy  animals  by  any  city,  village,  incorporated  town,  county  or  other 
corporate  authority  in  the  State  of  Illinois.  Filed  June  12,  1911,  iru 
force  July  1,  1911.     L.  1911,  p.  6. 

lJf5.  Dairy  Animals,  Tuberculin  Test  Unlawful. 

Sex;tion  1.  Be  it  enacted  by  ,  the  People  of  the  State  of  Illinois,  reprci 
sented  in  the  General  Assembly:  That  it  shall  be  unlawful  for  any  city, 
village,  incorporated  town,  county  or  other  corporate  authority  in  the  State 
of  Illinois  by  ordinance,  rule  or  regulation  other  than  may  be  established 
by  the  law  of  this  State,  to  demand,  fix,  establish  or  require  the  tuberculin 
test  to  be  applied  to  dairy  animals  as  a  means  or  measure  of  regulating  and 
purifying  milk,  skimmed  milk,  cream  and  dairy  products  of  said  animals 
in  any  manner  whatever,  and  every  such  ordinance,  rule,  by-law  or  regula- 
tion heretofore  or  hereafter  passed,  demanded,  fixed,  established  or  required 
by  any  such  city,  village,  incorporated,  town,  •county  or  other  corporate 
authority  other  than  the  State  of  Illinois,  is  hereby  declared  to  be  void  and 
of  no  effect. 

— 4DPH 


50 

An  Act  to  promote  the  piiblic  health  by  protecting  certain  employees  in 
this  State  from  the  dangers  of  occupational  diseases,  and  providing 
for  the  enforceTnent  thereof.  Approved  May  26,  in  force  July  1,  IMl. 
L.  1911,  p.  330. 

146.  Occupational  Diseases,  Preventive  Devices,  Adoption. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  That  every  employer  of  labor  in  this  State, 
engaged  in  carrying  on  any  work  or  process  which  may  produce  any  illness 
or  disease  peculiar  to  the  work  or  process  carried  on,  or  which  subjects  the 
employees  to  the  danger  of  illness  or  disease  incident  to  such  work  or  pro- 
cess, to  which  employees  are  not  ordinarily  exposed  in  other  lines  of  employ- 
ment, shall,  for  the  protection  of  all  employees  engaged  in  such  work  or 
process,  adopt  and  provide  reasonable  and  approved  devices,  means  or 
methods  for  the  prevention  of  such  industrial  or  occupational  diseases  as  are 
incident  to  such  work  or  process. 

147.  Occupations  Declared  Dangerous  to  Health;  Clothing,  Respirators. 
Sec.  2.  Every  employer  in  this  State  engaged  in  the  carrying  on  of  any 

process  of  manufacture  or  labor  in  which  sugar  of  lead,  white  lead,  lead 
chromate,  litharge,  red  lead,  arsenate  of  lead,  or  Paris  green  are  employed, 
used  or  handled,  or  the  manufacture  of  brass  or  the  smelting  of  lead  or 
zinc  which  processes  and  employments  are  hereby  declared  to  be  e^^^ecially 
dangerous  to  the  health  of  the  employees  engaged  in  any  process  of  manu- 
facture or  labor  in  which  poisonous  chemicals,  minerals  or  other  substances 
are  used  or  handled  by  the  employees  therein  in  harmful  quantities  or  under 
harmful  conditions,  shall  provide  for  and  place  at  the  disposal  of  the  em- 
ployees engaged  in  any  such  process  or  manufacture  and  shall  maintain  in 
good  condition  and  without  cost  to  the  employees,  proper  workina  clothing 
to  be  kept  and  used  exclusively  for  such  employees  while  at  work,  and 
all  employees  therein  shall  be  required  at  all  times  while  they  are  at  work 
to  use  and  wear  such  clothing;  and  in  all  processes  of  manufacture  or  labor 
referred  to  in  this  section  which  are  unnecessarily  productive  of  noxious 
or  poisonous  dusts,  adequate  and  approved  respirators  shall  be  furnished  and 
maintained  by  the  emploj^er  in  good  condition  and  without  cost  to  the 
employees,  and  such  employees  shall  use  such  respirators  at  all  times  while 
engaged  in  any  work  necessarily  productive  of  noxious  or  poisonous  dusts. 
IJfS.  Monthly  Physical  Examinations. 

Sec.  3.  Every  employer  engaged  in  carrying  on  any  process  or  manufac- 
ture referred  to  in  Section  2  of  this  Act,  shall,  as  often  as  once  every 
calendar  month,  cause  all  emploj^ees  who  come  into  direct  contact  with  the 
poisonous  agencies  or  injurious  processes  referred  to  in  Section  2  of  this 
Act,  to  be  examined  by  a  competent  licensed  physician  for  the  purpose  of 
ascertaining  if  there  exists  in  any  employee  any  industrial  or  occupational 
disease  or  illness  or  any  disease  or  illness  due  or  incident  to  the  character 
of  the  work  in  which  the  employee  is  engaged. 
Ili9.  Physical  Examinations,  Reports. 

Sec.  4.  It  is  hereby  made  the  duty  of  any  licensed  physician  who  shall 
make  the  physical  examination  of  employees  under  the  provisions  of  Sec- 
tion 3  of  this  Act,  to  make  an  immediate  report  thereof  to  the  State  Board  of 
Health  of  the  State  of  Illinois  upon  blanks  to  be  furnished  by  saul  board 
upon  request,  and  if  no  such  disease  or  illness  is  found,  the  physician  shall 
so  report,  and  if  any  such  disease  is  found,  the  report  shall  state  the  name, 
address,  sex  and  aee  of  such  employee  and  the  name  of  such  employer,  and 
the  nature  of  the  disease  or  illness  with  which  the  employee  is  a^icted,  and 
the  probable  extent  and  duration  thereof,  and  the  last  place  of  e^iployment: 
Provided,  that  the  failure  of  any  such  physician  to  receive  the  blanks  of  the 
State  Board  of  Health  for  the  making  of  such  report,  shall  not  excuse  such 
physician  from  making  the  report  as  lierein  provided. 

1.50.  State  Board  of  Health,  Secretary's  Duty. 

Sec.  5.  The  Secretary"  of  the  State  Board  of  Health  shall,  immediately 
upon  receipt  of  any  report  from  any  physician  in  accordance  with  the  pro- 


"  This  duty  is  now  devolved  upon  the  De- 
partment    of     Public     Health. 


51 

visions  of   Section  4   of  this  Act,  transmit   a  copy  thereof  to  the   Illinois 
Department  of  Factory  Inspection. 

151.  Dressing  Rooms  and  Wash  Basins,  Furnishing. 

Sec.  6.  Every  employer  engaged  in  carrying  on  any  process  or  manu- 
facture referred  to  in  Section  2  of  this  Act,  shall  provide,  separate  and  apart 
from  the  workshop  in  which  such  employees  are  engaged,  a  dressing  room 
and  lavatory  for  the  use  of  such  employees  who  are  exposed  to  poisonous  or 
injurious  dusts,  fumes  and  gases,  and  such  lavatory  shall  be  kept  and  main- 
tained in  a  clean  and  wholesome  manner  and  provided  with  a  sufficient 
number  of  basins  or  spigots  with  adequate  washing  facilities,  including  hot 
and  cold  water,  clean  towels  and  soap  and  shower  bath,  and  the  dressing 
rooms  shall  be  furnished  with  clothes  presses  or  compartments,  so  that  the 
ordinary  street  clothes  of  such  employees  shall  be  kept  separate  and  apart 
from  their  working  clothes. 

152.  Food  and  Drink  Regulations. 

Sec.  7.  No  employee  shall  take  or  be  allowed  to  take  any  food  or  drink 
of  any  kind  into  any  room  or  apartment  in  which  any  process  or  manu- 
facture referred  to  in  Section  2  of  this  Act  is  carried  on,  or  in  which  poison- 
ous substances  or  injurious  or  noxious  fumes,  dusts  or  gases  are  present  as 
the  result  of  such  work  or  process  being  carried  on  in  such  room  or  apart- 
ment, and  the  employees  shall  not  remain  in  any  such  room  or  apartment 
during  the  time  allowed  for  meals,  and  suitable  provision  shall  be  made  and 
maintained  by  the  employer  for  enabling  the  employees  to  take  their  meals 
elsewhere  in  such  place  of  employment,  and  a  sufficient  number  of  sanitary 
closed  receptacles  containing  wholesome  drinking  water  shall  be  provided 
and  maintained  for  the  use  of  the  employees  within  reasonable  access  and 
without  cost  to  them. 

153.  Ftcmes  and  Dust  Preventive  Devices,  Providing. 

Sec.  8.  All  employers  engaged  in  carrying  on  any  process  or  manufac- 
ture referred  to  in  Section  2  of  this  Act,  shall  provide  and  maintain  adequate 
devices  for  carrying  off  all  poisonous  or  injurious  fumes  from  any  furnaces 
which  may  be  employed  in  any  such  process  or  manufacture,  and  shall  also 
provide  and  maintain  adequate  facilities  for  carrying  off  all  injurious  dust, 
and  the  floors  in  any  room  or  apartment  where  such  work  or  process  is 
carried  on  shall,  so  far  as  practicable,  be  kept  and  maintained  in  a  smooth 
and  hard  condition,  and  no  sweeping  shall  be  permitted  during  working 
hours  except  where  the  floors  in  such  workshop  are  dampened  so  as  to 
prevent  the  raising  of  dust;  and  all  ore,  slag,  dross  and  fume  shall  be  kept 
in  some  roOm  or  apartment  separate  from  the  working  rooms  occupied  by 
the  employees,  and  where  practicable,  all  mixing  and  weighing  of  such  ore, 
slag,  dross  or  fume  shall  be  done  in  such  separate  room  or  apartment,  and 
all  such  material  shall,  so  far  as  practicable,  be  dampened  before  being 
handled  or  transported  by  employees. 

15Jf.  Flues,  Floors,  Fixtures  and  Tools,  Cleaning. 

Sec.  9.  When  any  flues  are  used  in  any  suf^h  process  or  manufacture 
referred  to  in  Section  2  of  this  Act,  and  such  flues  are  being  cleaned  out  or 
emptied,  the  employer  shall  in  every  case  provide  and  maintain  a  sufficient 
and  adequate  means  or  device,  such  as  canvas  bags  or  other  practical  device, 
or  by  dampening  the  dust,  or  some  other  sufficient  method  for  catching  and 
collecting  the  dust  and  preventing  it  from  unreasonably  fouling  or  polluting 
the  air  in  which  the  employees  are  obliged  to  work,  and  wherever  practicable, 
the  dust  occasioned  in  any  process  or  manufacture  referred  to  in  Section  2 
of  this  Act,  and  any  polishing  or  finishing  therein,  shall  be  dampened  or  wet 
down,  and  every  reasonable  precaution  shall  be  adopted  by  the  employer  to 
prevent  the  unnecessary  creation  or  raising  of  dust,  and  all  floors  shall  be 
washed  or  scrubbed  at  least  once  every  working  day;  and  such  parts  of  the 
work  or  process  as  are  especially  dangerous  to  the  employee  on  account  of 
poisonous  fumes,  dusts  and  gases,  shall,  where  practicable,  be  carried  on  in 


52 

separate  rooms  and  under  cover  of  some  suitable  and  sufficient  device  to 
remove  the  danger  to  the  health  of  such  employee,  as  far  as  may  be  reason- 
ably consistent  with  the  manufacturing  process,  and  the  fixtures  and  tools 
employed  in  any  such  process  of  manufacture,  shall  be  thoroughly  washed 
and  cleaned  at  reasonable  intervals. 

155.  Hoppers  or  Chutes,  Conveyors  or  Receptacles,  Protecting. 

Sec.  10.  All  hoppers  or  chutes  or  similar  devices  used  in  the  course  of 
any  process  or  manufacture  referred  to  in  Section  2  of  this  Act  shall,  where 
practicable,  be  provided  with  a  hood  or  covering,  and  an  adequate  and  suf- 
ficient apparatus  or  other  proper  device  for  the  purpose  of  drawing  away 
from  the  employees  noxious,  poisonous  or  injurious  dusts,  and  preventing 
the  employees  from  coming  into  unnecessary  contact  therewith;  and  all  con- 
veyances or  receptacles  used  for  the  transportation  about  or  the  storage  in 
any  place  where  any  such  process  or  manufacture  referred  to  in  Section  2  of 
this  Act  is  carried  on,  shall  be  properly  covered  or  dampened  in  such  way  as 
to  protect  the  health  of  the  employees,  and  no  refuse  of  a  dangerous  character 
incident  to  the  work  or  process  carried  on  in  any  such  place  shall  be  allowed 
to  unnecessarily  accumulate  on  the  floors  thereof. 

156.  State  Factory  Inspector,  General  Duties. 

Sec.  11.  It  shall  be  the  duty  of  the  State  Department  of  Factory  In- 
pection  to  enforce  the  provisions  of  this  Act  and  to  prosecute  all  violations 
of  the  same  before  any  magistrate  or  any  court  of  competent  jurisdiction  in 
this  State,  and  for  that  purpose  such  department  and  its  inspectors  are  em- 
powered to  visit  and  inspect  at  all  reasonable  times  all  places  of  employment 
covered  by  the  provisions  of  this  Act.  In  the  enforcement  of  the  provisions 
hereof  the  Department  of  Factory  Inspection  shall  give  proper  notice  in  re- 
gard to  any  violation  of  this  Act  to  any  employer  of  labor  violating  it,  and 
directing  the  installment  of  any  approved  device,  means  or  method  reason- 
ably necessary,  in  his  judgment,  to  protect  the  health  of  the  employees  there- 
in, and  such  notice  shall  be  written  or  printed  and  shall  be  signed  officially 
by  the  Chief  State  Factory  Inspector  or  the  Assistant  Chief  State  Factory 
Inspector,  and  said  notice  may  be  served  by  delivering  the  same  to  the  per- 
son upon  whom  service  is  to  be  had,  or  by  leaving  at  his  usual  place  of  abode 
or  business  an  exact  copy  thereof,  or  by  sending  a  copy  thereof  to  such  per- 
son by  registered  mail,  and  upon  receipt  of  such  notice  calling  the  attention 
of  the  employer  to  such  violation,  he  shall  immediately  comply  with  all  the 
provisions  of  this  Act. 

157.  Dangerous  Conditions,  Notice,  Installation  of  Appliances. 

Sec.  12.  If  any  occupational  or  industrial  disease  or  illness  or  any  dis- 
ease or  illness  peculiar  to  the  work  or  process  carried  on  shall  be  found  in 
any  place  of  employment  in  this  State  by  the  inspectors  of  the  State  De- 
partment of  Factory  Inspection,  or  called  to  their  attention  by  the  State 
Board  of  Health,  which  disease  or  illness  shall  be  caused  in  whole  or  in 
part,  in  the  opinion  of  the  inspector,  by  a  disregard  by  the  employer  of  the 
provisions  of  this  Act,  or  a  failure  on  the  part  of  the  employer  to  adopt 
reasonable  appliances,  devices,  means  or  methods  which  are  known  to  be 
reasonably  adequate  and  sufficient  to  prevent  the  contraction  or  continuation 
of  any  such  disease  or  illness,  it  shall  be  the  duty  of  the  Department  of 
Factory  Inspection  to  immediately  notify  the  employer  in  such  place  of  em- 
ployment, in  the  manner  provided  in  Section  12  of  this  Act,  to  install  ade- 
quate and  approved  appliances,  devices,  means  or  methods  to  prevent  the 
contracting  and  continuance  of  any  such  disease  or  illness  and  to  comply 
with  all  the  provisions  of  this  Act. 

158.  Notice  of  Dangers,  Posting,  Factory  Inspectors'  Duty. 

Sec.  13.  For  the  purpose  of  disseminating  a  general  knowledge  of  the 
provisions  of  this  Act  and  of  the  dangers  to  the  health  of  employees  in  any 
work  or  process  covered  by  the  provisions  of  this  Act,  the  employer  shall 
post  in  a  conspicuous  place  in  every  room  or  apartment  in  which  any  such 
work  or  process  is  carried  on,  appropriate  notices  of  the  known  dangers  to 
the  health  of  any  such  employees  arising  from  such  work  or  process,  and 


53 

simple  instructions  as  to  any  known  means  of  avoiding,  so  far  as  possible, 
the  injurious  consequences  tiiereof,  and  the  Chief  State  Factory  Inspector 
shall,  upon  request,  have  prepared  a  notice  covering  the  salient  features 
of  this  act,  and  furnish  a  reasonable  number  of  copies  thereof  to  employ- 
ers in  this  State,  covered  by  the  provisions  of  this  Act,  which  notice 
shall  be  posted  by  every  such  employer  in  a  conspicuous  place  in  every 
room  or  apartment  in  such  place  of  employment.  The  notices  required  by 
this  section  shall  be  printed  on  cardboard  of  suitable  character  and  the 
type  used  shall  be  such  as  to  make  them  easily  legible,  and  in  addition  to 
English  they  shall  be  printed  in  such  other  language  or  languages  as  may 
be  necessary  to  make  them  intelligible  to  the  employees. 

159.  Violations,  Penalty. 

Sec.  14.  Any  person,  firm  or  corporation  who  shall,  personally  or  through 
any  agent,  violate  any  of  the  provisions  of  this  Act,  or  who  omits  or  fails 
to  comply  with  any  of  its  requirements,  or  who  obstructs  or  interferes  with 
anj'  examination  or  investigation  being  made  by  the  State  Department  of 
Factory  Inspection  in  accordance  with  the  provisions  of  this  Act,  or  any 
employee  who  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  punished  for  the 
first  offense  by  a  fine  of  not  less  than  Ten  Dollars  ($10.00)  or  more  than 
One  Hundred  Dollars  ($100.00),  and  upon  conviction  of  the  second  or  sub- 
sequent offenses,  shall  be  fined  not  less  than  Fifty  Dollars  ($50.00)  or 
more  than  Two  Hundred  Dollars  ($200.00),  and  in  each  case  shall  stand 
committed  until  such  fine  and  costs  are  paid,  unless  otherwise  discharged 
by  due  process  of  law. 

160.  Right  of  Action,  Limitation,  Damages. 

S'EC.  15.  For  any  injury  to  the  health  of  any  employee  proximately  caused 
by  any  wilful  violation  of  this  Act  or  wilful  failure  to  comply  with  any  of 
its  provisions,  a  right  of  action  shall  accrue  to  the  party  whose  health 
has  been  so  injured,  for  any  direct  damages  sustained  thereby;  and 
in  case  of  the  loss  of  life  by  reason  of  such  wilful  violation  or  wilful  failure 
as  aforesaid,  a  right  of  action  shall  accrue  to  the  widow  of  such  deceased 
person,  his  lineal  heirs  or  adopted  children,  or  to  any  other  person  or  per- 
sons who  were,  before  such  loss  of  life,  dependent  for  support  upon  such 
deceased  person,  for  a  like  recovery  of  damages  for  the  injury  sustained  by 
reason  of  such  loss  of  life,  not  to  exceed  the  sum  of  Ten  Thousand  Dollars: 
Provided,  that  every  such  action  for  damages  in  case  of  death  shall  be 
commenced  within  one  year  after  the  death  ot  such  employee. 

161.  Invalidity  Clause. 

Sec.  16.  The  invalidity  of  any  portion  of  this  act  shall  not  affect  the 
validity  of  any  other  portion  thereof  which  can  be  given  effect  without  such 
invalid   part. 

CHILDREN  AND   SCHOOLS. 

Ax  Act  to  pi-event  and  punish  tcrongs  to  children.     Approved  May  17,  in. 
force  July   1,  1877.     L.   1877,   p.   90. 

162.  Children,^^  Life  or  Health,  Endangering  Unlaioful. 

Sec.  4.  It  shall  be  unlawful  for  any  person  having  the  care  or  custody 
of  any  child,  wilfully  to  cause  or  permit  the  life  of  such  child  to  be  en- 
dangered, or  the  health  of  such  child  to  be  injured,  or  wilfully  cause  or 
permit  such  child  to  be  placed  in  such  a  situation  that  its  life  or  health 
may  be  endangered. 

163.  Penalties. 

Sec.  5.  Any  person  convicted  under  the  provisions  of  the  preceding  sec- 
tions, shall  for  the  first  offense  be  fined  not  exceeding  one  hundred  dollars 
($100)    or   imprisoned   in   the   county  jail  not  exceeding   three  months,   or 


^^  A  revision  or  an  amendment  of  this  law        act  nor  the  sections  purporting  to  amend  were 
was   attempted   in   1895    (Laws   1895,    p.    153),        correctly   stated. 
Imt    neither    the    title    of    the    "amendatory" 


54 

both,  in  the  discretion  of  the  court;  and  upon  conviction  for  a  second 
or  any  subsequent  offense  shall  be  fined  in  any  sum  not  exceeding  five 
hundred  dollars  ($500),  or  imprisonment  in  the  penitentiary  for  a  term  not 
exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 

Ax  Act  to  establish  and  maintain  a  system  of  free  schools.    Appj'oved  and 
in  force  June  12,  1909.     L.  1909,  p.  342. 

164.  School  Buildings,  Superintendent  of  Public  Instruction's  Duty. 

It  is  made  the  duty  of  the  Superintendent  of  Public  Instruction  to 
(Sec.  3,  Paragraph  13). 

"Prepare  with  the  advice  of  the  State  Board  of  Health,  the  S'tate  Archi- 
tect and  the  State  Fire  Marshall,  for  school  directors  and  boards  of  education 
specifications  for  the  minimum  requirements  for  the  heating,  ventilation, 
lighting,  seating,  water  supply,  toilets  and  safety  against  fire  which  will 
conserve  the  health  and  safety  of  the  children  attending  the  public  schools. 
(Amended  by  act  approved  June  25,  in  force  July  1,  1915.     L.  1915,  p.  635.) 

165.  County  Superintendent' s  Duty. 

The  County  Superintendent  is  required  by  sections  15,  paragraphs  20, 
21  and  22  respectively  as  follows: 

"To  inspect  the  plans  and  specifications  for  the  heating,  ventilation, 
lighting,  seating,  water  supply,  toilets  and  safety  against  fire  for  public 
school  rooms  and  buildings  submitted  to  him  by  boards  of  education  or 
boards  of  directors,  and  to  approve  all  those  which  comply  substantially  with 
the  specifications  prepared  and  published  by  the  Superintendent  of  Public 
Instruction. 

"To  inspect  all  public  schools  under  his  supervision  and  notify  in 
writing  before  the  first  day  of  April  the  board  of  school  trustees  or  other 
boards  exercising  similar  functions,  whether  the  several  schools  in  their 
jurisdiction  have  or  have  not  been  kept  as  required  by  law. 

"To  request  the  State  Board  of  Health,  the  State  Fire  Marshall  or  the 
State  Architect  to  inspect  public  school  buildings  which  appear  to  him  to 
be  unsafe,  insanitary  or  unfit  for  occupancy.  It  shall  be  the  duty  of  these 
officials  to  inspect  such  buildings  and  to  state  in  writing  in  what  particular 
they  are  unsafe,  insanitary  or  unfit  for  occupancy.  Upon  the  receipt  of 
such  statement  the  county  superintendent  of  schools  shall  condemn  the 
building  and  notify  in  writing  the  board  of  directors  or  board  of  education, 
stating  specifically  the  reasons  for  such  condemnation.  He  shall  also  notify, 
in  writing,  the  board  of  school  trustees  that  the  school  so  condemned  is  not 
kept  as  required  by  law."  .  (Amended  by  act  approved  June  25,  in  force 
July  1,  1915.     L.  1915,  p.  635.) 

166.  Boards  of  Directors  or  of  Education,  Duty. 

The  board  of  directors  or  the  board  of  education  of  districts  of  less 
than  100,000  inhabitants  are  required  to  (Sec.  119). 

"Submit  the  plans  and  specifications  respecting  heating,  ventilation, 
lighting,  seating,  water  supply,  toilets  and  safety  against  fire  to  the  county 
superintendent  of  schools  for  his  approval."  (Amended  by  act  approved 
June  25,  in  force  July  1,  1915.    L.  1915,  p.  635.) 

A>*  Act  authorizing  school  districts  to  acquire  real  estate  by  gift,  donation 
or  devise  for  the  purpose  of  establishing,  m^aintaining  and  operating 
play  grounds,  recreation  grounds  and  athletic  fields  and  to  provide  for 
the  policy  thereof.     Approved  and  in  force  June  25,  1917.     L.  1917,  p.  745. 

167.  Play   or   Recreation   Grounds,    Establishment,    Equipment    and    Main- 

tenance. 
S'ECTiox  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  Any  school  district  in  this  State  organ- 
ized and  existing  under  the  general  law  or  by  special  charter  is  hereby 
authorized  and  empowered  to  acquire  by  gift,  donation  or  devise,  real  estate, 
and  to  hold  the  same,  not  to  exceed  ten  (10)  acres  in  school  districts  having 
less  than  ten  thousand  inhabitants,  for  the  purpose  of  establishing  play 
grounds,  recreation  grounds  and  athletic  fields,  and  to  equip  the  same  and 


i 


55 

to  operate  and  maintain  the  same,  the  cost  of  equipping,  maintaining  and 
operating  the  same  to  be  paid  from  the  building  fund  levied,  collected  and 
appropriated  in  such  school  district. 

168.  Real  Estate,  Location. 

Sec.  2.  Such  real  estate  so  acquired  need  not  be  contiguous  to  any  other 
school  property  or  real  estate  owned  by  such  school  district. 

169.  Police   Control. 

Sec.  3.  If  such  real  estate  so  acquired  by  such  school  district  shall  lie 
partly  or  wholly  outside  the  corporate  limits  of  any  city,  village  or  in- 
corporated town  situated  in  such  district,  then  such  real  estate  so  acquired 
shall,  if  the  same  be  situated  within  one  mile  of  the  corporate  limits  of 
any  such  city,  village  or  incorporated  town  in  such  school  district,  be  under 
the  police  control  and  protection  of  the  police  force  or  police  department 
of  such  city,  village  or  incorporated  town,  and  it  is  hereby  made  the  duty 
of  any  such  city,  village  or  incorporated  town  to  exercise  police  control 
and  protection  over  such  real  estate  and  its  equipment,  in  the  same  man- 
ner and  to  the  same  extent  that  such  city,  village  or  incorporated  town 
would  exercise  police  control  and  protection  thereover  if  such  real  estate 
were  situated  within  the  corporate  limits  of  such  city,  village  or  incorporated 
town. 

Sec.  4.   (Emergency.) 

An  Act  to  provide  for  physical  training  in  the  ptiMic  and  all  the  normal 
schools.    Approved  June  25,  in  force  July  1,  1915.    L.  1915,  p.  634. 

170.  Physical  Training,  Boards  of  Education,  Etc.,  Duty. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  it  shall  be  the  duty  of  boards  of  edu- 
cation and  of  all  boards  in  charge  of  educational  institutions  supported 
wholly  or  partially  by  the  State  to  provide  for  the  physical  education  and 
training  of  pupils  of  such  public  schools  and  educational  institutions  in  all 
grades,  and  to  include  such  physical  education  and  training  in  the  courses 
of  instruction  regularly  taught  therein. 

111.  Physical  Training,  Provision  for. 

Sec.  2.  All  boards  of  education  and  managing  boards  of  such  educational 
institutions  shall  make  proper  and  suitable  provisions  in  the  schools  and  in- 
stitutions under  their  jurisdiction  for  such  physical  education  and  training 
for  not  less  than  one  (1)  hour  of  each  week  during  the  whole  of  the  school 
year. 

112.  Norinal  Schools,  Physical   Training. 

Sec.  3.  The  curriculum  in  all  normal  schools  of  the  State  shall  contain  a 
regular  course  of  physical  education  and  training  for  teacher,  the  said  course 
to  be  taught  not  less  than  one  (1)  hour  of  each  week  during  the  whole  of 
each  term  of  school. 

DAIRY,  FOOD   AND   ADULTERATION. 

"An  Act  to  prevent  fraud  in  the  sale  of  dairy  products,  their  imitation  or 
substitutes,  to  prohibit  and  prevent  the  manufacture  and  sale  of  un- 
healthful,  adulterated  or  misbranded  food,  liqtiors  or  dairy  products,  to 
provide  for  the  appointynent  of  a  State  food  commissioner  and  his  assist- 
ants, to  define  their  powers  and  duties  and  to  repeal  all  acts  relating  to 
the  production,  manufacture  and  sale  of  dairy  and  food  products  and 
liquors  in  conflict  herewith."  Approved  May  1.'/,  1901,  in  force  July  1, 
1901.    L.  1901,  p.  5-'^3. 

113.  Appointment   of  Food   Commissioner  and   Establishment   of  Food  De- 

partment. 
Section  1.  That  the  Governor  shall   appoint  a  commissioner  who  shall 
.be  known  as  the  State  Food  Commissioner,  who  shall  be  a  citizen  of  the  State 


'*  The  prevention  of  fraud  and  deception  in        ercise   of   the   police   power   of   the   State ;    and 
the    manufacture    of    food    is    a    legitimate    ex-        the   Pure    Food   Law   is   valid   in   so   far   as   it 


56 

of  Illinois,  and  who  shall  hold  his  office  for  a  term  of  four  years  and  until 
his  successor  is  appointed  and  qualified,  and  who  shall  receive  a  salary  of 
$3,600  per  annum,  and  his  necessary  expenses  incurred  by  him  in  the  dis- 
charge of  his  official  duties,  and  who  shall  be  charged  with  the  enforcement 
of  all  laws  that  now  exist  or  that  hereafter  may  be  enacted  in  this  State 
regarding  the  production,  manufacture,  sale  and  labeling  of  food  as  herein 
defined,  and  to  prosecute  or  cause  to  be  prosecuted  any  person,  firm  or  cor- 
poration, or  agent  thereof,  engaged  in  the  manufacture  or  sale  of  any  article 
manufactured  or  sold  in  violation  of  the  provisions  of  any  such  law  or  laws. 
The  commissioner  shall  provide  himself  with  a  seal  for  the  authentication 
of  his  orders,  records  or  other  proceedings,  upon  which  shall  be  inscribed 
the  words.  State  Food  Commission,  Illinois — Seal. 

The  Governor  shall  also  appoint  from  time  to  time,  as  required,  a  Food 
Standard  Commission,  for  the  purpose  of  determining  and  adopting  stand- 
ards of  quality,  purity  or  strength,  for  food  products,  for  the  State  of 
Illinois,  to  consist  of  three  members,  one  of  whom  shall  be  the  State  food 
commissioner  or  his  representative,  who  shall  serve  without  extra  pay;  one 
of  whom  shall  be  a  representative  of  the  Illinois  food  manufacturing  indus- 
tries, and  one  of  whom  shall  be  an  expert  food  chemist  of  known  reputation ; 
all  to  be  citizens  of  the  State  of  Illinois,  who  shall  receive  fifteen  ($15) 
dollars  per  day  for  a  period  not  exceeding  thirty  (30)  days  in  one  year,  and 
necessary  expenses  incurred  during  the  time  employed  in  the  discharge  of 
their  duties.  The  said  commission  shall  provide  itself  with  a  seal  for  the 
authentication  of  its  standards,  records  or  other  proceedings,  upon  which 
shall  be  inscribed  the  words.  Food  Standaed  Commission — Illinois — Seal. 
A  certified  copy  of  the  records  of  Food  Standard  Commission,  showing 
the  standard  of  quality,  purity  and  strength  adopted  and  promulgated  by  it 
for  food  products  shall  be  received  in  all  courts  as  evidence  that  such 
standard  was  adopted.    A  certificate  in  the  following  form  shall  be  sufficient: 

"I, secretary   (or  member)   of  the  Food  Standard 

Commission  of  Illinois,  and  the  custodian  of  the  records  thereof,  do  hereby 
certify  that  the  attached  is  a  true,  correct  and  complete  copy  of  the  standard 

for adopted  and  promulgated  by  the  Food  Standard  Commission  on 

the day  of 19 . . .   and  published  in 

Given  under  my  hand  and  the  seal  of  said  commission  this day 

of 


The  said  commissioner  is  hereby  authorized  to  appoint,  with  the  advice 
and  consent  of  the  Governor,  one  assistant  commissioner,  who  shall  be  a 
practical  dairyman,  whose  salary  shall  be  three  thousand  dollars  (?3,000.00) 
per  annum  and  expenses  incurred  in  official  duties;  one  chief  chemist,  who 
shall  be  known  as  State  analyst,  whose  salary  shall  be  twenty-five  hundred 
dollars  ($2,500.00)  per  annum  and  expenses  incurred  in  the  discharge  of 
official  duties;  one  attorney,  whose  salary  shall  be  eighteen  hundred  dollars 
($1,800.00)  per  annum  and  expenses  incurred  in  the  discharge  of  official 
duties;  one  chief  clerk,  whose  salary  shall  be  eighteen  hundred  dollars 
($1,800.00)  per  annum  and  expenses  incurred  in  the  discharge  of  official 
duties;  one  assistant  clerk,  whose  salary  shall  be  twelve  hundred  dollars 
($1,200.00)  per  annum  and  expenses  incurred  in  the  discharge  of  official 
duties;    three   stenographers   at  one   thousand  dollars    ($1,000.00)    each   per 


makes    it    impracticable    to    commit    the    fraud  This   set    does   not    deprive   a    municipality 

of     selling     as     genuine     cider     vinegar     other  of  the  power   to   pass  an  ordinance  prohibiting- 

vinegar  made  so  in  appearance  that  the  ordin-  the    sale   of    impure,    unwholesome,    adulterated 

ary     purchaser     can     not     distinguish     between  or    injurious   food    or   substances,    if   the   ordin- 

them.     People  v.   Henning  Co.    (1913),   260  111.  ance    is    not    in    conflict    with    the    Pure    Food 

554,    558.      To    the   same   effect   see   People   v.  Act;     the    fact    that    the    penalty    under    the 

Freeman  (1909),  242  111.  373,  379.  ordinance    is    less    than    that    provided    by   the 

State   law    constitutes    no    such   conflict   or   re- 

The  prohibition  of  the  sale  of   adulterated  pugnancy.     City  of  Chicago  v.   Union  Ice  Cream 

food    within    this    State    is    a    valid    exercise    of  M ami fac luring  'Co.    (1911),   252  111.   311.               : 
the   police   power   and   is   not   repugnant   to   the 

commerce    clause    of    the    Federal    constitution.  ^'  The    Department    of    Agriculture    18    en- 

People    V.    Price    (1913),    257    111.    587,    595,  trusted  with  the  enforcement  of  this   Act  and 

aff'd  in   238  U.   S.   446,   454.  the  Act  following. 


67 

annum;  twelve  inspectors,  whose  salaries  shall  be  as  follows:  For  the  first 
two  years  of  service,  twelve  hundred  dollars  each  annually;  for  the  third 
year  of  service,  fourteen  hundred  dollars  each  annually,  and  for  each  suc- 
ceeding year  of  service  an  additional  increase  of  one  hundred  dollars  per 
year  each  until  the  maximum  of  eighteen  hundred  dollars  a  year  each  is 
attained,  and  expenses  incurred  in  the  discharge  of  their  official  duties.  Said 
commissioner  shall  also  have  authority  to  appoint  one  bacteriologist  at 
eighteen  hundred  dollars  ($1,800.00)  per  annum  and  expenses  incurred  in 
the  discharge  of  his  official  duties,  and  seven  analytical  chemists  whose 
salary  shall  be  as  follows:  For  the  first  two  years  of  service,  twelve  hun- 
dred dollars  each  annually;  for  the  third  year  of  service,  fourteen  hundred 
dollars  each  annually;  for  the  fourth  year  of  service,  fifteen  hundred  dollars 
each  annually,  and  for  each  succeeding  year  of  service  an  additional  increase 
of  one  hundred  dollars  per  year  each,  until  the  maximum  of  eighteen  hun- 
dred dollars  per  year  is  attained,  and  expenses  incurred  in  the  discharge  of 
their  official  duties,  and  one  laboratory  janitor  at  seven  hundred  and  twenty 
($720.00)   dollars  per  annum. 

The  said  commissioner  shall  make  annual  reports  to  the  Governor  not 
later  than  the  15th  of  January  of  his  work  and  proceedings,  and  shall  report 
in  detail  the  number  of  inspectors  he  has  appointed  and  employed,  with 
their  expenses  and  disbursements,  and  the  amount  of  salary  paid  the 
same,  and  he  may  from  time  to  time  issue  bulletins  of  information  when,  in 
Tiis  judgment,  the  interests  of  the  State  would  be  promoted  thereby. 

The  said  commissioner  shall  maintain  an  office  and  laboratory,  where 
the  business  of  said  department  may  be  conducted.  This  section  shall  not 
affect  the  term  of  office  of  the  present  commissioner,  and  he  shall  be  regarded 
as  having  been  appointed  under  the  provisions  of  this  Act. 

The  food  commissioner  shall  make  analys'es  and  examinations  for  the 
State  charitable  institutions  of  foods,  drugs  and  such  other  supplies  as  the 
laboratory  of  the  State  Food  Commission  is  equipped  and  prepared  to 
examine  and  analyze.^*  (Amended  by  Act  becoming  a  law  July  12  ,1915. 
L.  1915.  p.  700.) 

UJf.  Poioers  of  Commissioner  and  Inspector's. 

Sec.  2.  The  State  food  Commissioner,  and  such  inspectors  and  agents 
as  shall  be  duly  authorized  for  the  purpose,  when  and  as  often  as  they  may 
deem  it  necessary  for  the  purpose  of  determining  whether  any  manufactured 
food  complies  with  the  law,  shall  examine  the  raw  materials  used  in  the 
manufacture  of  food  products  and  determine  whether  any  filthy,  decomposed 
or  putrid  substance  is  used  in  their  preparation.  They  may  also  examine 
all  premises,  carriages  or  cars  where  food  is  manufactured,  transported, 
stored  or  served  to  patrons,  for  the  purpose  only  of  ascertaining  their  san- 
itarj'  condition  and  examining  and  taking  samples  of  the  raw  material  and 
finished  products  found  therein;  but  nothing  in  this  Act  shall  be  construed 
as  permitting  such  officers  to  inquire  into,  or  examine  methods  or  processes 
of  manufacture,  or  requiring  or  compelling  proprietors  or  manufacturers, 
or  packers  of  proprietary  or  other  food  products,  to  disclose  trade  rights,  or 
secret  processes,  or  methods  of  manufacture.  Said  commissioner,  inspectors 
and  agents  shall  also  have  power  and  authority  to  open  any  package,  can  or 
vessel,  containing  or  supposed  to  contain,  any  article  manufactured,  sold  or 
exposed  for  sale,  or  held  in  possession  with  intent  to  sell,  in  violation  of  the 
provisions  of  this  Act,  or  laws  that  now  exist,  or  that  may  hereafter  be 
enacted  in  this  State,  and  may  inspect  the  contents  thereof,  and  may  take 
samples  therefrom  for  analysis.  The  employees  of  railroads,  express  com- 
panies or  other  common  carriers,  shall  render  to  them  all  the  assistance  In 
their  power,  when  so  requested,  in  tracing,  finding  or  disclosing  the  presence 
of  any  article  prohibited  by  law,  and  in  securing  samples  thereof  as  herein- 
after provided  for. 


'*  Rppealed   by     the     Civil     Administrative        the  issue   of  bulletins,   and   the  making  of  an- 
code,     cxoppt     part     relating     to     certiflcation,        alyses  for   charitable  institutions. 


58 

115.  Refusal  to  Assist  Inspector. 

Sec.  3.  V/hoever,  by  himself,  his  agent,  employee,  or  servant,  hinders, 
obstructs,  or  in  any  way  interferes  with  any  inspector,  analyst,  or  officer 
appointed  hereunder,  in  the  performance  of  hi?  duty,  or  in  the  exercise  of 
his  powers  as  defined  in  this  act,  or  whoever  being  an  employee  of  a  railroad, 
express  company,  or  other  common  carrier  refuses  or  fails  upon  request  to 
assist  the  State  food  commissioner,  the  assistant  commissioner,  the  State 
analyst,  or  any  inspector  appointed  hereunder  in  tracing,  finding  or  dis- 
closing the  presence  of  any  article  of  food  prohibited  by  law  and  in  securing 
samples  thereof  as  provided  for  in  Section  2  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  as  hereinafter  provided  for. 
(Amended  by  Act  approved  June  6,  1911,  in  force  July  1,  1911.  L.  1911, 
p.  519.) 

176.  Samples,  Pi'ocediir.e. 

Sec.  4.  The  person  taking  such  sample  as  provided  for  in  section  2  of 
this  Act,  shall  in  the  case  of  bulk  or  broken  package  goods,  divide  the  same 
into  two  equal  parts,  as  nearly  as  may  be,  and  in  the  case  of  sealed  and 
unbroken  packages,  he  shall  select  two  of  said  packages,  which  two  said 
packages  shall  constitute  the  sample  taken,  and  properly  to  identify  the 
same,  he  shall,  in  the  presence  of  the  person  from  whom  the  same  is  taken, 
mark  or  seal  each  half  or  part  of  such  sample  with  a  paper  seal  or  other- 
wise, and  shall  write  his  name  thereon  and  number  each  part  of  said  sample 
with  the  number,  and  also  write  thereon  the  name  of  the  said  dealer  in 
whose  place  of  business  the  sample  is  found,  and  the  person  from  whom 
said  sample  is  taken  shall  also  write  his  own  name  thereon,  and  at  the 
same  time  the  person  taking  said  sample  shall  give  notice  to  such  person 
from  whom  said  sample  is 'taken  that  said  sample  was  obtained  for  the 
purpose  of  examination  by  the  State  food  commissioner.  One  part  of  said 
sample  shall  be  taken  by  the  person  so  procuring  the  same  to  the  State 
analyst  or  other  competent  person  appointed  for  the  purpose  of  making 
examinations  or  analyses  of  samples  so  taken,  and  the  person  taking  such 
sample  shall  tender  to  the  person  from  whom  it  is  taken  the  value  of  that 
part  thereof  so  retained  by  the  person  taking  said  sample;  the  other  part 
of  said  sample  shall  be  delivered  to  the  person  from  whom  said  sample  is 
taken.  If  the  person  from  whom  said  sample  is  taken  has  recourse  upon 
the  manufacturer  or  guarantor,  either  by  operation  of  law  or  under  contract 
for  any  failure  on  the  part  of  said  sample  to  comply  with  the  provisions  of 
this  Act,  then  said  person  from  whom  said  sample  is  taken  shall  retain  for 
the  period  of  six  months  that  part  of  said  sample  so  delivered  to  him  in 
order  that  said  manufacturer  or  guarantor  may  have  the  same  examined  or 
analyzed  if  he  so  desires:  Provided,  that  the  person  procuring  said  sample 
may  securely  pack  and  box  that  part  thereof  retained  by  him  and  send  the 
same  to  the  State  analyst  or  other  competent  person  appointed  hereunder, 
and  the  testimony  of  the  person  procuring  said  sample  that  he  did  procure 
the  sample  and  that  he  sealed  and  numbered  the  same  as  herein  provided, 
and  that  he  wrote  his  name  thereon,  and  that  he  packed  and  boxed  said  part 
thereof  and  sent  the  same  to  the  State  analyst  or  other  competent  person 
appointed  hereunder,  and  the  testimony  of  the  person  analyzing  said  sample 
that  he  received  the  same  in  apparent  good  order,  that  said  sample  was 
sealed,  and  that  the  number  thereof  and  the  name  of  the  sender,  as  herein 
provided  for,  was  on  said  sample,  and  that  the  seal  at  the  time  same  was 
received  was  unbroken,  shall  be  prima  facie  evidence  that  the  sample  so 
received  is  the  sample  that  was  sent,  and  that  the  contents  thereof  are  the 
same  and  in  the  same  condition  as  at  the  time  the  person  so  procuring  said 
sample  parted  with  the  possession  thereof,  and  the  testimony  of  said  two 
witnesses  as  above  shall  be  sufficient  to  make  such  prima  facie  proof. 
(Amended  by  act  as  above.) 

m.  Adulterated  or  Mishranded  Food. 

Sec.  5.  It    shall   be    unlawful    for    any   person    to   manufacture    for    sale 
withiti  the  State  of  Illinois  any  article  of  food  or  drink  which  is  adulterated 


59 

and  misbranded  within  the  meaning  of  this  Act.  It  shall  be  unlawful  for 
any  person  to  use  filthy,  decomposed,  putrid,  rotten,  deleterious  or  poisonous 
substances  as  a  constituent  part  of  manufactured  food,  or  in  the  manufacture 
of  any  food.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  punished  according  to  the  provisions  of  this  Act:  Provided,  that  no 
article  of  food  shall  be  deemed  misbranded  or  adulterated  within  the  pro- 
visions of  this  Act  when  intended  for  export  to  any  foreign  country  or 
purchaser,  and  prepared  or  packed  according  to  the  specifications  or  direc- 
tions of  the  foreign  country  to  which  said  article  is  intended  to  be  shipped; 
but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic  use 
or  consumption,  then  this  proviso  shall  not  except  said  article  from  the 
operations  of  any  of  the  other  provisions  of  this  Act.  (This  and  following 
section  amended  by  act  becoming  a  law  July  12,  1915.    L.  1915,  p.  700.) 

178.  Evidence. 

Sec.  6.  The  having  in  possession  or  control  of  any  food  which  violates 
any  of  the  provisions  of  this  Act  with  intent  to  sell  the  same  or  to  use  the 
same  in  violation  of  this  Act  is  hereby  prohibited;  and  whoever  shall  have 
in  his  possession  or  control  with  intent  to  sell  or  offer  for  sale  any  food 
which  violates  any  of  the  provisions  of  this  Act  or  with  intent  to  use  any 
such  food  in  violation  of  the  provisions  of  this  Act,  shall  be  guilty  of  a 
misdemeanor  and  punished  as  herein  provided.  The  possession  or  control 
or  any  food  which  violates  any  of  the  provisions  of  this  Act  shall  [be]  held 
to  be  prima  facie  evidence  that*  such  possession  or  control  is  or  was  with 
intent  to  sell  or  use  such  food  in  violation  of  this  Act.  Whoever  shall  have 
possession  or  control  with  intent  to  sell  of  any  food  which  violates  any  of 
the  provisions  of  this  Act  shall  be  held  to  have  known  the  true  character, 
quality  and  name  of  such  food. 

179.  Food  Defined. 

Sec.  7.  The  term  "food"  as  used  herein,  shall  include  all  articles  used 
for  food,  drink,  confectionery  or  condiment  by  man  or  other  animals, 
whether  simple,  mixed  or  compound,  and  any  substance  used  as  a  con- 
stituent in  the  manufacture  thereof. 

180.  Adulteration  Defined. 

Sec.  8.  That  for  the  purpose  of  this  act,  an  article  shall  be  deemed  to 
be  adulterated — • 

In  case  of  confectionery: 

First — If  it  contains  terra  alba,  barytes,  talc,  chrome  yellow,  paraffin, 
mineral  fillers  or  poisonous  substances,  or  poisonous  color  or  flavor. 

Second — If  it  contains  any  ingredient  deleterious  or  detrimental  to 
health,  or  any  vinous,  malt  or  spirituous  liquor  or  compound,  or  narcotic 
drug. 

In  case  of  food: 

First — If  any  substance  has  been  mixed  or  packed  with  it  so  as  to 
reduce  or  lower  or  injuriously  affect  its  quality,  strength  or  purity. 

Second — If  any  substance  has  been  substituted  wholly  or  in  part  for 
the  article. 

Third — If  any  valuable  constituent  of  the  article  has  been  wholly  or  in 
part  abstracted  or  left  out:  Provided,  that  in  the  manufacture  of  skim  or 
separated  cheese  the  whole  or  part  of  the  butter  fats  in  the  milk  may  be 
abstracted. 

Fourth — If  it  be  mixed,  colored,  powdered,  coated,  polished  or  stained  in 
any  manner  whereby  damage  or  inferiority  is  concealed,  or  it  is  made  to 
appear  better  or  of  greater  value  than  it  really  is. 

Fifth — If  it  contains  any  added  poisonous  or  other  added  deleterious 
ingredient  which  may  render  such  article  injurious  to  health:  Provided, 
that  when  in  the  preparation  of  food  products  for  shipment  they  are  pre- 
served by  an  external  application,  applied  in  such  a  manner  that  the  preser- 
vative is  necessarily  removed  mechanically,  or  by  maceration  in  water,  or 


60 

otherwise,  and  directions  for  the  removal  of  said  preservatives  shall  be 
printed  on  the  covering  of  the  package,  the  provisions  of  this  Act  shall  be 
construed  as  applying  only  when  si:ch  products  are  ready  for  consumption; 
and  formaldehyde,  hydrofluoric  acid,  boric  acid,  salicylic  acid  and  all  com- 
pounds and  derivatives  thereof  are  hereby  declared  unwholesome  and  in- 
jurious. 

Sixth — If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed  or  putrid, 
infected,  tained  or  rotten  animal  or  vegetable  substance  or  article,  or  any 
portion  of  an  animal  unfit  for  food,  whether  manufactured  or  not,  or  if  it 
is  the  product  of  a  diseased,  animal,  or  one  that  has  died  otherwise  than  by 
'slaughter.'^     (Amended  by  act  becoming  a  law  July  12,  1915.    L.  191.5,  p.  700.) 

181.  Misiranded  Defined. 

Sec.  9.  The  term  "misbranded,"  as  used  herein,  shall  apply  to  all 
articles  of  food  or  drink,  or  articles  which  enter  into  the  composition  of 
food  or  drink,  the  packages  or  labels  of  which  bear  any  statement,  design  or 
device  regarding  such  article,  or  the  ingredients  or  substance  contained 
therein  which  shall  be  false  or  misleading  in  any  particular;  and  to  any 
such  products  which  are  falsely  branded  as  to  manufacturer,  packer  or  dealer 
who  sells  the  same  or  as  to  the  state,  territory  or  country  in  which  it  is 
manufactured  or  produced.  That  for  the  purpose  of  this  Act  an  article  shall 
also  be  deemed  to  be  misbranded — 

In  case  of  food: 

First — If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinctive 
name  of  another  article,  or  if  it  does  not  conform  to  the  standards  set  forth 
in  this  act. 

Second — If  it  be  so  labeled  or  branded  as  to  make  the  identity  of  the 
manufacturer,  packer  or  dealer  who  sells  or  offers  the  same  for  sale  uncer- 
tain or  doubtful;  or  which  is  so  labeled  or  branded  as  to  indicate  on  the 
receptacle,  vessel  or  container  the  name  of  any  firm  or  corporation  other 
than  the  firm  or  corporation  actually  manufacturing,  packing  or  dealing 
in  the  article  or  product  so  sold  or  offered  for  sale;  or  if  it  be  labeled  or 
branded  so  as  to  deceive  or  mislead  the  purchaser,  or  purports  to  be  a 
foreign  product  when  not  so,  or  if  the  contents  of  a  package  as  originally 
put  up  shall  have  been  removed  in  whole  or  in  part  and  refilled  by  contents 
of  a  different  quality  or  of  a  different  manufacturer,  packer  or  dealer,  or  if  it 
shall  fail  to  bear  a  statement  on  the  label  of  the  quantity  or  proportion  of 
any  morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform, 
canabis  indica,  chloral  hydrate,  or  acetanilid  or  any  derivative  or  prepara- 
tion of  any  such  substances  contained  therein. 


^  Sections    8    and    9    of    the    Pure    Food  The  legislative  declaration  that  boric  acid 

Law    are    general    in   their   nature   and    govern  is    unwholesome    and    injurious    to    health,    al- 

all    food    products,      except     those     regarding  though    the   injurious   nature   of   boric   acid   is 

which   the   legislature    has   made   special   regu-  "°t   universally   conceded,   is  binding  upon   the 

lations  by   other   provisions  in   said   law.      Peo-  ^°"''*'- ^.^^.''P'^  J"  TfT/i    f.',                           ' 

pie  v.   Henning  Co.    (1913),   260   111.    554,   560.  ^^^  '  ^ff'd  m  238  U.  S.   446.  452. 

The    mixing   or    combining    of    sugar    vine- 

The  word  "adulterated"  used  in  the  title  gar  and  distilled  vinegar  in  substantial  pro- 
of the  Pure  Food  Law  includes  the  "adulter-  portions  which  results  in  a  color  similar  to 
ation"  of  an  article  manufactured  contrary  ^hat  of  cider  vinegar  constitutes  an  adultera- 
te the  provisions  of  the  act,  although  the  tion  within  the  meaning  of  section  11  of  the 
article  is  not  in  itself  harmful.  People  v.  Hen-  pu,.g  pgod  Law,  notwithstanding  the  proper 
ning  Co.    (1913),   260   111.   554,   564.  labeling    of    the    mi.xture.      People    v.    Henning 

It   is   not    alone   the   particular   method    of  Co.   (1913),  260  111.  554,  558,  561. 

adulteration    that    existed    at    the    time    of    the  The   phrase    "shall  not  be   colored   m   imi- 

passage  of  the  act,  but  any  method  of  adulter-  tation    of    cider    vinegar"    means    a    conscious 

ation   which   is  liable  to   mislead  the  public   is  imitation,    in    the    manufacture,    of    the   article 

prohibited   bv   the   statute.      People   v.   Henning  forbidden.     People  v.  Henning  Co.   (1913),   260 

Co.    (1913)    260  111.   554,  558.  111.    554,   560. 

„     •          -J    •     u           i'        o      r    i.u      T>  The  sale  of  unwholesome  preservatives  are 

Boric    acid    is    bv    section    8    of    the    Pure  •  ,  •     ^i.     ,     ■!■      V               „f  K-u^  nfi«  «f  +hio 

Food   Law   declared  unwholesome  and   injurious  ^-"-^'"n  t^e    egitimate  scope  of  the  title  of  this 

to    health    and    can    not    be   used    as    an    added  Act.      People    v.    Price    (1913),    25.     111.    587. 

ingredient    to    foods,    and    under    section    22    of  '^^''• 

said  act  it   also   must  not  be  made  a  part  of  The    proper     labeling    of    an    adulterated 

anv   compound   to    be   sold   as   a   food   preserva-  article    does    not    take    that    article    out    ot    the 

tive.      People    v.    Price    (1913),    257    111.    587,  operation    of    the    Pure    Food    Law.      People    v. 

593,   aff'd   in   238   U.    S.    446,    451.  Henning    Co.    (1913),    260    111.    554,    .'>5S. 


61 

Third — If  in  package  form,  the  quantity  of  the  contents  be  not  plainly 
and  conspicuously  marked  on  the  outside  of  the  package  in  terms  of  weight, 
measure,  or  numerical  count:  Provided,  hoioever,  that  reasonable  variation 
shall  be  permitted  and  tolerances  and  also  exemptions  as  to  small  packages 
shall  be  established  by  rules  and  regulations  made  in  accordance  with  the 
provisions  of  sections  38  of  this  Act. 

Fourth — If  it  be  a  manufactured  article  of  food  or  food  sold  in  package 
form,  and  is  not  distinctly  labeled,  marked  or  branded  with  the  true  name 
of  the  article  and  with  either  the  name  of  the  manufacturer  and  place  of 
manufacture,  or  the  name  and  address  of  the  packer  or  dealer  who  sells  the 
same,  or  if  its  label  does  not  conform  to  the  regulations  set  forth  in  this  Act. 

Fifth— If  the  package  containing  it  or  its  label  shall  bear  any  statement, 
design  or  device  regarding  the  ingredients  of  the  substance  contained  therein, 
which  statement,  design  or  device  shall  be  false  or  misleading  in  any  par- 
ticular: Provided,  that  an  article  of  food  which  does  not  contain  any  added 
poisonous  or  deleterious  ingredients  shall  not  be  deemed  to  be  adulterated  or 
misbranded   in  following  cases: 

First — In  case  of  mixture  or  compounds  which  may  be  now  or  from  time 
to  time  hereafter  known  as  articles  of  food  under  their  own  distinctive 
names,  and  not  an  imitation  of  or  offered  for  sale  under  the  distinctive  name 
of  another  article,  if  the  name  be  accompanied  on  the  same  label  or  brand 
with  a  statement  of  the  place  where  the  article  has  been  manufactured  or 
produced. 

Second — In  case  of  articles  labeled,  branded  or  tagged  so  as  to  plainly 
indicate  that  they  are  compounds,  imitations  or  blends  and  the  word  "com- 
pound," "imitation,"  or  "blend,"  as  the  case  may  be,  is  plainly  stated  on  the 
package  in  which  it  is  offered  for  sale:  Provided,  that  the  term  "blend"  as 
used  herein,  shall  be  construed  to  mean  a  mixture  of  like  substances,  not 
excluding  harmless  coloring  or  flavoring  ingredients  used  for  the  purpose 
of  coloring  and  flavoring  only;  and  as  applied  to  alcoholic  beverages,  only 
those  distilled  spirits  shall  be  regarded  as  "like  substances"  which  are  dis- 
tilled from  the  fermented  mash  of  grain  and  are  of  the  same  alcoholic 
strength:  And,  provided,  further,  that  nothing  in  this  act  shall  be  construed 
as  requiring  or  compelling  proprietors  or  manufacturers  of  proprietary  foods, 
which  contain  no  unwholesome  added  ingredients  to  disclose  their  trade 
formulas,  except  in  so  far  as  the  provisions  of  this  Act  may  require  to  secure 
freedom  from  adulteration  or  misbranding. 

Third — In  the  case  of  mixtures  of  corn  syrup  (glucose)  or  corn  sugar 
(dextrose)  or  corn  sugar  syrup,  with  cane  or  beet  sugar  (sucrose)  or  cane 
or  beet  sugar  syrup,  in  food,  if  the  maximum  percentage  of  corn  syrup 
(glucose),  or  corn  sugar  (dextrose),  or  corn  sugar  syrup,  in  such  article 
of  food  be  plainly  stated  on  the  label.™  (Amended  by  act  approved  June  26, 
1917,  in  force  July  1,  1917.     L.  1917,  p.  774.) 

182.  Condemnation  and  Confiscation  of  Illegal  Foods. 

Sec.  10.  Any  article  of  food  or  drink  or  liquor  that  is  adulterated  or 
misbranded  within  the  meaning  of  this  Act,  or  that  is  made,  labeled  or 
branded  contrary  to  the  provisions  of  this  Act,  or  that  does  not  conform  to 
the  definition  or  analytical  requirements  provided  in  this  "Act,  shall  be 
liable  to  be  proceeded  against  in  any  court  of  record  or  before  any  judge 
thereof,  or  before  any  justice  of  the  peace  within  whose  jurisdiction  the 
same  may  be  found,  and  seized  for  condemnation  and  confiscation;  and 
authority  and  jurisdiction  are  hereby  vested  in  the  several  courts  of  record, 
the  judges  thereof  in  vacation,  and  the  several  justices  of  the  peace,  to  issue 
the  warrant  and  to  hear  and  determine  the  proceedings  herein  provided 
for.  Such  proceedings  shall  be  by  complaint,  verified  by  affidavit,  and  in 
the  name  of  the  People  of  the  State  of  Illinois  against  the  article  or  articles 
proceeded  against,  particularly  describing  the  same,  the  place  where  they 
are  located,  the  name  of  the  person,  firm  or  corporation  in  whose  possession 
they  are  found,  and  wherein  they  violate  the  provisions  of  this  Act.     There- 


2"  This   section,    as   now   amended,    removes        25,    1915,    and    another    act    which    became    a 
all   doubt   arising   from   an    act   approved   June        law  .Inly  12,  1915,  amending  the  same  section. 


62 

upon  said  court,  judge  or  justice  of  the  peace  shall  issue  a  warrant  directed 
to  the  sheriff,  bailiff  or  any  constable  of  the  county,  commanding  such 
officer  to  seize,  and  take  into  his  possession  the  article  or  articles  described 
in  the  complaint,  and  bring  the  same  before  the  court,  judge  or  justice  of 
the  peace  who  issued  the  warrant,  and  to  summon  the  person,  firm  or 
corporation  named  in  the  warrant,  and  any  other  person  who  may  be  found 
In  possession  of  the  said  articles  to  appear  at  the  time  and  place  therein 
specified,  which  service  shall  be  made  in  the  same  manner  as  service  of 
process  in  civil  cases  in  such  court  or  before  such  justice  of  the  peace.  The 
warrant  shall  be  returnable  not  less  than  five  (5)  days  nor  more  than  fifteen 
(15)  days  from  the  date  of  issuing  the  same,  and  may  be  executed  and 
served  at  any  time  before  the  return  day  thereof;  and  the  hearing  shall  be 
at  the  time  and  place  therein  specified  unless  good  cause  is  shown  for  a 
continuance.  Upon  the  hearing  the  complaint  may  be  amended,  and  any 
person,  firm  or  corporation  that  appears  and  claims  the  said  article  or 
articles  shall  be  required  to  file  its  claim  in  writing.  The  hearing  shall  be 
summary  in  its  nature,  and  except  as  herein  otherwise  provided,  shall 
conform,  as  near  as  may  be,  to  the  proceedings  in  civil  cases  before  such 
court,  judge,  or  justice  of  the  peace:  Provided,  that  either  party  may 
demand  a  trial  by  jury,  and  an  appeal  or  writ  of  error  shall  lie  at  the 
instance  of  either  party  to  the  proper  court  and  no  bond  shall  be  required 
of  the  people.  And  if  such  article  is  condemned  as  being  adulterated  or 
misbranded,  or  of  a  poisonous  or  deleterious  character  within  the  meaning 
of  this  Act,  or  as  made,  labeled,  or  branded  contrary  to  the  provisions  of 
this  Act,  or  as  not  conforming  to  the  definition  or  analytical  requirements 
provided  in  this  Act,  the  same  shall  be  confiscated  and  disposed  of  by 
destruction  or  sale,  as  the  court,  judge  or  justice  of  the  peace  may  direct, 
and  the  proceeds  thereof,  if  sold,  less  the  legal  costs  and  charges,  shall  be 
paid  into  the  treasury  of  the  State  of  Illinois,  but  such  article  shall  in  no 
instance  be  sold  contrary  to  the  provisions  of  this  Act:  Provided,  liowever, 
if  the  food  seized  consists  of  a  number  of  separate  and  distinct  articles 
assembled  together  in  containers,  or  in  lots,  or  otherwise,  and  it  shall 
appear  to  the  court  that  certain  of  said  articles  violate  the  provisions  of 
this  Act  and  certain  other  of  said  articles  do  not  violate  the  provisions  of 
this  Act,  then  in  such  cases,  if  the  articles  can  be  conveniently  separated 
the  court  may  order  that  such  articles  be  separated  and  the  costs  of  such 
separation  shall  be  taxed  as  other  costs  of  suit.  The  court  may  order  such 
articles  as  are  not  in  violation  of  this  Act  be  released  to  the  claimant  or 
owner  thereof,  and  in  cases  where  the  claimant  or  owner  does  not  appear 
or  refuses  to  accept  such  articles  the  court  shall  order  such  articles  sold, 
and  the  proceeds  thereof,  after  the  payment  of  all  costs  and  charges  shall 
be  held  subject  to  the  order  of  the  court,  and  if  the  claimant  or  owner 
thereof  .do  not  appear  and  demand  the  same  within  thirty  days  after  said 
order,  the  court  may  at  any  time  thereafter  order  the  proceeds  of  said  sale 
forfeited  and  confiscated  and  paid  into  the  treasury  of  the  State  of  Illinois, 
but  that  part  of  the  articles  which  violated  the  provisions  of  this  Act  shall 
be  disposed  of  or  destroyed  as  herein  directed:  Provided,  furtlier,  that 
upon  the  payment  of  the  costs  of  such  proceedings  and  the  execution  and 
delivery  of  a  good  and  sufficient  bond  to  the  State  food  commissioner  for 
the  use  of  the  people  of  the  State  of  Illinois,  to  the  effect  that  such  articles 
shall  not  be  used,  sold  or  otherwise  disposed  of  contrary  to  the  provisions 
of  this  Act  and  under  such  other  conditions  or  supervision  as  may  appear 
necessary,  the  court  may,  by  order,  direct  that  such  articles  be  delivered 
to  the  owner  thereof.  (Amended  by  Act  becoming  a  law  July  12,  1915. 
L.  1915,  p.  700.) 

183.  Vinegar,  Branding. 

Sec.  11.  All  vinegar  made  by  fermentation  and  oxidation  without  the 
intervention  of  distillation,  shall  be  branded  with  the  name  of  the  fruit  or 
substance  from  which  the  same  is  made.  All  vinegar  made  wholly  or  in 
part  from  distilled  liquor  shall  be  branded  "distilled  vineear."  and  shall  not 
be  colored  in  imitation  of  cider  vinegar.     All  vinegar  shall  be  made  wholly 


63 

from  the  fruit  or  grain  from  which  it  purports  to  be  or  is  represented  to  be 
made,  shall  contain  no  foreign  substance,  and  shall  contain  not  less  than 
four  per  cent  by  weight,  of  absolute  acetic  acid.  Any  vinegar  made  or 
manufactured  contrary  to  the  provisions  of  this  section  shall  be  deemed 
to  be  adulterated  within  the  meaning  of  this  Act.  Any  vinegar  which  is 
not  branded  as  herein  provided  shall  be  deemed  to  be  misbranded  within 
the  meaning  of  this  Act.  (This  and  the  following  section  amended  by  Act 
approved  June  6,  1911,  in  force  July  1,  1911.    L.  1911,  p.  519.) 

184-  Extracts,  Labeling. 

Sec.  12.  Extracts  made  of  more  than  one  principle  shall  be  labeled  in  a 
conspicuous  manner  with  the  name  of  each  principle,  or  else  with  the  name 
of  the  inferior  or  adulterant;  and  in  all  cases  when  an  extract  is  labeled 
with  two  or  more  names,  such  names  must  be  in  a  conspicuous  place  on  said 
label,  and  in  no  instance  shall  such  mixture  be  called  imitation,  artificial  or 
compound,  and  the  name  of  one  of  the  articles  used  shall  not  be  given 
greater  prominence  than  another:  Provided,  that  all  extracts  which  cannot 
be  made  from  the  fruit,  berry,  bean  or  other  part  of  the  plant,  and  must 
necessarily  be  made  artificially  as  raspberry,  strawberry,  etc.,  shall  be 
labeled  "imitation"  in  letters  similar  in  size  and  immediately  preceding  the 
name  of  the  article:  Provided,  further,  that  prepared  cocoanut,  containing 
nothing  other  than  cocoanut,  sugar  and  glycerine,  shall  be  labeled  as  pre- 
pared cocoanut,  and  when  so  made  need  not  be  labeled  "compound"  or 
"mixture."  Any  such  extract  not  labeled  as  herein  provided  for  shall  [be] 
deemed  to  be  misbranded  within  the  meaning  of  this  Act. 

185.  Baking  Poivder,  Ladeling. 

Sec.  13.  No  person  by  himself,  his  servant*  or  his  agent,  or  as  the 
servant  of  any  other  person,  shall,  first,  make  or  manufacture  baking 
powder  or  any  other  mixture  or  compound  intended  for  use  as  baking 
powder:  second,  or  sell,  exchange,  deliver  or  offer  for  sale  or  exchange 
such  baking  powder  or  any  mixture  or  compound  intended  for  use  as  baking 
powrler.  unless  the  same  shall  contain  not  less  than  ten  ner  cent  available 
carbon  dioxide  and  unless  the  common  names  of  all  the  ingredients  be 
printed  on  the  label. 

186.  Adulterated,   Spirituous,  Malt  or  'Vino2is  Liauor. 

S-EC.  14.  No  person  shall,  within  this  State,  by  himself,  his  servant  or 
agent,  or  as  a  servant  or  agent  of  any  other  person  or  corporation,  manu- 
facture, brew,  distill,  have  or  offer  for  sale,  or  sell  any  spirituous  or  fer- 
mented or  malt  liquor,  containing  any  drug,  substance  or  inarredient  not 
healthful  or  not  normally  existing  in  said  spirituous,  fermented  or  malt 
liquor,  or  which  may  be  deleterious  or  detrimental  to  health  when  such 
liquors  are  used  as  a  beverage,  and  the  following  drugs,  substances  or 
ingredients  shall  be  deemed  to  be  not  healthful  and  shall  be  deemed  to  be 
deleterious  or  detrimental  to  health  when  contained  in  such  linuors,  to  wit: 
Cocn^ont;  iridicus.  copperas,  opium,  cayenne  penner.  picric  acid,  Indian  hemp, 
strychnine,  arsenic,  tobacco,  darnel  seed,  extract  of  logwood,  salts  of  zinc, 
copper  or  lead,  alum,  methyl  alcohol  and  its  derivatives,  and  any  extracts 
or  coTnTinnp-i  of  any  of  the  above  drun:s.  substances  or  insrredients;  and 
any  person  violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor. 

187.  Mutilating  Label. 

Sec.  15.  Whoever  shall  deface,  chanere,  erase  or  remove  any  mark,  label 
or  b^and  provided  for  by  this  Act  with  intent  to  mislead,  deceive  or  to 
violate  anv  of  the  provisions  of  this  Act,  shall  be  held  liable  to  the  penalties 
of  this  Act. 

188.  Unclean  or  Vmoholesome  Milk. 

Sec.  16.  No  person,  firm  or  corporation,  shall  offer  for  sale,  or  sell  to 
anv  person,  firm  or  corporation,  creamery  or  cheese  factory,  any  unclean, 
unhealthful,    unwholesome    or   adulterated   milk   or    cream    or    any   milk    or 


64 

cream  which  has  not  been  well  cooled  or  to  which  water  or  any  other  foreign 
substance  has  been  added,  or  milk  or  cream  which  has  been  handled  or 
transported  in  unclean  or  unsanitary  vessels  or  containers:  Provided,  that 
nothing  in  this  section  shall  be  construed  to  prevent  the  sale  of  skim  milk 
to  factories  engaged  in  the  manufacture  of  skim  milk  products,  nor  the  sale 
of  skim  milk  under  the  provisions  of  section  19  of  this  Act. 

189.  Milk  Cans,  Washing. 

Sec.  17.  Any  person,  firm  or  corporation  who  receives  from  any  other 
person,  firm  or  corporation,  any  milk  or  cream,  or  ice  cream,  in  cans, 
bottles  or  vessels  which  have  been  transported  over  any  railroad  or  boat 
line,  where  such  can,  bottles  or  vessels  are  to  be  returned,  shall  cause  the 
said  cans,  bottles  or  vessels  to  be  emptied  before  the  said  milk  or  cream, 
or  ice  cream,  contained  therein  shall  become  sour,  and  shall  cause  said 
cans,  bottles  or  vessels  to  be  immediately  washed  and  thoroughly  cleansed 
and  aired.     (Amended  by  Act  becoming  a  law  July  12,  1915.    L.  1915,  p.  700.) 

WO.  Impure  or  Unclean  Milk  or  Cream. 

Sec.  18.  No  person,  firm,  or  corporation  shall  manufacture  from  unclean, 
impure,  unhealthful  or  unwholesome  milk,  or  from  cream  from  the  same, 
any  article  of  food. 

191.  Skim  Milk,  Cans,  Labeling. 

Sec.  19.  No  person,  firm  or  corporation  shall  sell,  or  expose  for  sale,  or 
have  in  his  possession  with  intent  to  sell,  in  any  store  or  place  of  business, 
or  on  any  wagon  or  other  vehicle,  used  in  transporting  milk  from  which 
cream  has  been  removed,  any  such  milk  or  milk  commonly  called  "skim 
milk"  without  first  attaching  to  the  can,  vessel  or  package  containinK 
said  milk,  a  tag  with  the  words  "skim  milk"  printed  on  both  sides  of  said 
tag  in  large  letters,  each  letter  being  at  least  three-fourths  of  an  inch  high 
and  one-half  inch  wide:  Said  tag  shall  be  attached  to  the  top  or  side  of 
said  can,  vessel  or  package  where  it  can  be  easily  seen. 

1,92.  Measuring  Milk  and  Cream  Standard. 

Sec.  20.  The  State  standard  milk  measure  or  pipettes  shall  have  for 
milk  a  capacity  of  seventeen  and  six-tenths  cubic  centimeters,  and  the  State 
standard  test  tube  or  bottles  for  milk  shall  have  a  capacity  of  two  cubic 
centimeters,  at  a  temperature  of  sixty  degrees  Fahrenheit  between  "zero" 
and  ten  on  the  graduated  scale  marked  on  the  necks  thereof.  For  cream 
nine  or  eighteen  grams  shall  be  used,  and  the  standard  test  tubes  or  bottles 
for  cream  shall  have  a  capacity  of  three  or  six  cubic  centimeters,  respect- 
ively, at  a  temperature  of  sixty  degrees  Fahrenheit  between  "zero"  and 
thirty  on  the  graduated  scale  marked  on  the  necks  thereof,  and  it  is  hereby 
made  a  misdemeanor  to  use  any  other  measure,  pipette,  test  tube  or  bottle 
to  determine  the  per  cent  of  butter  fat  where  milk  or  cream  is  purchased 
by,  or  furnished  to  creameries  or  cheese  factories,  and  where  the  value  of 
said  milk  is  determined  by  the  per  cent  of  butter  fat  contained  in  the  same. 
Any  manufacturer,  merchant,  dealer,  or  agent  in  this  State  who  shall  offer 
for  sale  or  sell  a  cream  or  milk  pipette  or  measure,  test  tube  or  bottle  which 
is  not  correctly  marked  or  graduated  as  herein  provided,  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  punished  as  provided 
in  this  Act.  (Amended  by  Act  approved  June  6,  1911,  in  force  July  1,  1911. 
L.  1911,  p.  519.) 

193.  Testing  Apparatus,  License. 

Sec.  20a.  No  person  shall  operate  a  milk  or  cre^m  testing  apparatus  to 
determine  the  percentage  of  butter  fat  in  milk  or  cream  for  the  purpose  of 
purchasing  the  same  either  for  himself  or  for  another  without  first  securing 
a  license  from  the  dairy  and  food  commissioner^  of  this  State,  authorizing 
such  person  to  so  operate  such  tester.     Any  person  desiring  to  secure  such 


^  This     Act     specifies     "Dair.y     and     Food  sioner  in  both   instances.      The  amendment  was 

Commissioners"    in    one    place    and    in    another  made  in   1911   by   adding  Sec.    20a  to  the  Pure 

"Dairy     and     Food     Commissioner."       It     was  Food    Law.      There    was    no    such    officer    as    is 

■no    doubt    intended    for    State    Food    Commis-  named  in   the  section  mentioned. 


65 

license  shall  make  application  therefor  on  a  blank  to  be  prepared  and  pro- 
vided by  the  dairy  and  food  commissioner,  and  such  applicant,  before  being 
issued  such  license,  shall  pass  a  satisfactory  examination  in  person  and 
prove  by  actual  demonstration  that  he  is  competent  and  qualified  to  properly 
use  such  tester  and  make  an  accurate  test  with  the  same. 

Such  license  shall  be  issued  for  a  period  of  two  (2)  years  from  and 
after  the  date  of  its  issuance  and  a  fee  of  one  dollar  ($1.00)  shall  be  paid 
for  such  license  by  the  licensee  upon  the  issuance  thereof.  The  dairy  and 
food  commissioner  for  just  cause  shall  have  authority  to  revoke  any  license 
issued  under  the  provisions  of  this  Act. 

The  fees  collected  under  the  provisions  of  this  section  shall  be  paid  into 
the  State  treasury  monthly  by  the  dairy  and  food  commissioner.  (Added 
by  amendment  by  Act  as  above.) 

J94-  Analyses,  Report,  Babcock  Test. 

Sec-.  21.  (This  was  no  doubt  intended  for  paragraph  21,  although, 
technically,  no  amendment  can  be  made  by  such  a  reference;  there  being  no 
section  21.)  A  buyer  of  milk  or  cream  buying  of  the  producer  on  a  butter-fat 
basis,  shall,  in  the  presence  of  the  producer  or  his  agent,  after  having  been 
petitioned  in  writing  by  one  or  more  of  its  patrons  so  to  do,  take  a  fair 
sample  of  the  producer's  milk,  of  not  less  than  two  (2)  ounces,  and  imme- 
diately deliver  the  same  to  the  producer  or  his  agent  in  a  sealed  receptacle 
to  be  furnished  by  the  Department  of  Agriculture  suitable  for  mailing  or 
expressing.  The  receptacle  shall  be  plainly  marked  with  the  producer's 
factory  number  and  the  name  of  the  producer,  and  may  be  mailed  or 
expressed  by  the  producer  or  his  agent  to  the  Department  of  Agriculture 
for  test. 

The  Department  of  Agriculture  shall  receive  and  make  prompt  analysis 
of  all  such  samples  of  milk  or  cream,  wash  and  sterilize  the  containers,  and 
return  to  the  plant  or  person  from  whom  received,  the  producer  to  pay  the 
transportation  charges. 

The  Department  of  Agriculture  shall,  not  later  than  the  fifth  day  of  each 
month,  mail  to  the  buyer  a  tabulated  sheet,  showing  the  result  of  each  indi- 
vidual producer's  test,  for  the  preceding  month,  the  average  of  which  shall 
be  the  basis  of  settlement  between  the  buyer  and  individual  producer. 

The  Department  of  Agriculture  shall,  not  later  than  the  eighth  day  of 
each  month,  mail  to  the  individual  producer  at  his  post  office  address,  the 
result  of  each  of  his  tests  for  the  preceding  month. 

Samples  of  milk  or  cream,  for  the  purpose  of  this  Act,  shall  be  taken 
not  less  than  two  (2)  or  more  than  four  (4)  times  during  each  monthly 
period  at  the  option  of  the  buyer. 

It  shall  be  unlawful  for  the  owner,  manager,  agent  or  any  employee 
of  a  creamery  or  cheese  factory,  to  manipulate,  underread  or  overread  the 
Babcock  test,  or  any  other  contrivance  used  for  determining  the  quality  or 
value  of  milk  or  cream,  or  to  falsify  the  record  thereof,  or  to  pay  for  such 
milk  or  cream  on  the  basis  of  any  measurement  except  the  true  measurement 
as  thereby  determined.  (Amended  by  Act  approved  June  25,  1917,  in  force 
July  1,  1917.     L.  1917,  p.  768.) 

195.  Preservatives,  Sale. 

Sec.  22.  No  person,  firm  or  corporation  shall  manufacture  for  sale,  adver- 
tise, offer  or  expose  for  sale,  or  sell,  any  mixture  or  compound  intended  for 
use  as  a  preservative  or  other  adulterant  of  milk,  cream,  butter  or  cheese, 
nor  shall  he  manufacture  for  sale,  advertise,  offer  or  expose  for  sale,  or  sell 
any  unwholesome  or  injurious  preservative  or  any  mixture  or  compound 
thereof  intended  as  a  preservative  of  any  food:  Provided,  however,  that 
this  section  shall  not  apply  to  pure  salt  added  to  butter  and  cheese. 

106.  Vehicles.  Marking. 

Sec.  23.  Any  person,  firm  or  corporation,  who  shall  in  any  of  the  cities, 
incorporated  towns  or  villages  of  this  State  which  contains  a  population  of 

— 5DPH 


66 

5,000  or  over,  engage  in  or  carry  on  a  retail  business  in  the  sale  or  exchange 
of,  or  any  retail  traffic  in  milk  or  cream,  shall  have  each  and  every  carriage 
or  vehicle  from  which  the  same  is  vended,  conspicuously  marked  with  the 
name  of  such  vendor  on  both  sides  of  such  carriage  or  vehicle. 

197.  Illegal  Lard. 

Sec.  24.  No  person  shall  within  this  State,  manufacture  for  sale,  have 
in  his  possession  with  intent  to  sell,  offer  or  expose  for  sale,  or  sell,  as  lard,, 
any  substance  not  the  legitimate  and  exclusive  product  of  the  fat  of  the  hog. 

198.  Lard  Substitute. 

Sec.  25.  No  person  shall  manufacture  for  sale  within  this  State,  or  have 
in  his  possession  with  intent  to  sell,  offer  or  expose  for  sale,  or  sell,  as  lard, 
or  as  a  substitute  for  lard,  or  as  an  imitation  of  lard,  any  mixture  or  com- 
pound which  is  designed  to  take  the  place  of  lard  and  which  is  made  from 
animal  or  vegetable  oils,  or  fats  other  than  the  fat  of  the  hog,  or  any  mixture 
or  combination  with  any  animal  or  vegetable  oils  or  fats,  unless  the  tierce, 
barrel,  tub,  pail,  or  package  containing  the  same  shall  be  distinctly  and 
legibly  branded  or  labeled  with  the  name  of  the  person,  firm  or  corporation 
making  the  same,  together  with  the  location  of  the  manufactory  and  the 
words  "lard  substitute"  or  "adulterated  lard"  or  "compound,"  "imitation"  or 
"blend,"  as  the  case  may  be,  or  unless  the  same  shall  be  sold  under  its  own 
distinctive  name  as  provided  for  in  section  9  of  this  act. 

199.  Imitation  or  Substitute  for  Lard. 

Sec.  26.  It  shall  be  unlawful  to  sell  or  offer  for  sale  any  "lard  substitute"^ 
or  "adulterated  lard"  or  "compound,"  "imitation"  or  "blend"  as  herein 
defined  without  informing  the  purchaser  thereof,  or  the  person  or  persons. 
to  whom  the  same  is  offered  for  sale,  that  the  substance  sold  or  offered  for 
sale  is  "lard  substitute"  or  "adulterated  lard"  or  "compound,"  "imitation" 
or  "blend,"  .as  the  case  may  be. 

200.  Process  Butter,  Sale. 

Sec.  27.  No  person,  firm,  or  corporation,  agent  or  employee  shall  manu- 
facture for  sale,  sell,  or  offer  or  expose  for  sale,  in  this  State,  any  butter  that 
is  produced  by  taking  original  packing  stock  butter,  or  other  butter,  or  both^ 
and  melting  the  same  so  that  the  butter  fat  can  be  drawn  off  or  extracted^ 
then  mixing  the  said  butter  fat  with  skimmed  milk,  or  milk,  or  cream,  or 
other  milk  product,  and  rechurning  or  reworking  the  said  mixture,  or  that  pro- 
duced by  any  process  that  is  commonly  known  as  boiled,  process  or  renovated 
butter,  unless  the  same  is  branded  or  marked  as  provided  in  section  28  of 
this  Act. 

201.  Process  Butter,  Branding. 

Sec.  28.  No  person,  firm  or  corporation,  agent  or  employee  shall  sell, 
or  offer  or  expose  for  salfe,  or  deliver  to  a  purchaser,  any  boiled,  process  or 
renovated  butter  as  defined  in  section  27  of  this  Act,  unless  the  words 
"Renovated  Butter,"  shall  be  plainly  branded  with  gothic  or  bold  face  letters 
at  least  three-fourths  of  an  inch  in  length  on  the  top  and  sides  of  each  tub, 
or  box,  or  pail,  or  other  kind  of  case  or  package,  or  on  the  wrapper  of  prints 
or  rolls  or  bulk  packages  in  which  it  is  put  up.  If  such  butter  is  exposed 
for  sale  uncovered,  or  not  in  a  case  or  package,  a  placard  containing  the  label 
so  printed  shall  be  attached  to  the  mass  of  butter  in  such  a  manner  as  to  be 
easily  seen  and  read  by  the  purchaser.  The  branding  or  marking  of  all 
packages  shall  be  in  the  English  language,  and  in  a  conspicuous  place  so' 
as  to  be  easily  seen  and  read  by  the  purchaser. 

202.  Illegal  Foods,  Seizure. 

Sec.  29.  Whenever  the  commissioner  or  his  agents  shall  have  ground 
for  suspicion  that  any  article  of  food,  found  in  possession  of  any  person, 
firm  or  corporation,  is  adulterated  or  misbranded  within  the  meaning  of 
this  act,  he  may  seize  such  article  of  food  and  make  an  inventory  thereof,, 
and  shall  leave  a  copy  of  such  inventory  with  the  party  holding  such  sus- 
pected goods  and  tag  the  same  "suspected;"  and  he  shall  notify  in  writing 


I 


67 

the  person,  firm  or  corporation  in  whose  possession  it  may  be  found,  not  to 
offer  the  same  for  sale  or  sell  or  otherwise  dispose  of  the  same  until  further 
notice  in  writing  from  the  commissioner.  Whereupon  the  commissioner 
shall  forthwith  cause  a  sample  of  said  article  of  food  to  be  examined  or 
analyzed,  and  if  the  same  shall  be  found  to  be  adulterated  or  misbranded 
within  the  meaning  of  this  Act  the  commissioner  shall  proceed  with  a 
hearing  and  subsequent  proceedings  as  provided  in  this  Act.  If,  however, 
such  examination  or  analysis  shall  show  that  such  article  of  food  complies 
with  the  provisions  of  this  Act,  the  person,  firm  or  corporation,  in  whose 
possession  such  article  of  food  is  found  shall  forthwith  be  notified  in  writing 
that  said  seizure  is  released,  and  authority  given  to  dispose  of  such  article 
of  food.  Such  seizure  may  be  had  without  a  warrant  and  said  commissioner, 
and  all  inspectors  and  agents  appointed  pursuant  to  law  are  hereby  given 
full  power  and  authority  of  "policemen."  Any  court  having  jurisdiction, 
upon  receiving  proof  of  probable  cause  for  believing  in  the  concealment  of 
any  food  or  dairy  products  or  substitutes  therefor  or  imitation  thereof,  kept 
for  sale  or  for  a  purpose,  or  had  in  possession  or  under  control,  contrary 
to  the  provisions  of  this  Act,  or  other  laws  which  now  exist  or  may  be  here- 
after enacted,  shall  issue  a  search  warrant  and  cause  a  search  to  be  made 
in  any  place  therefor  and  to  that  end  may  cause  any  building,  enclosure, 
wagon,  or  car  to  be  entered,  and  any  apartment,  chest,  box,  locker,  tub,  jar, 
crate,  basket  or  package  to  be  broken  open  and  the  contents  thereof  exam- 
ined. 

203.  Search  Warrants. 

Sec.  30.  All  warrants  issued  pursuant  to  section  29  hereof  shall  be 
directed  to  the  sheriff,  bailiff  or  some  constable  of  the  county  where  such 
food  or  dairy  products  may  be  supposed  to  be  concealed,  commanding  such 
oflScer  to  search  the  house  or  place  where  such  food  or  dairy  product,  or 
substitutes  thereof,  or  imitation  thereof,  for  which  he  is  required  to  search, 
is  believed  to  be  concealed,  which  place  and  the  property  to  be  searched  for, 
shall  be  designated  in  the  warrant,  and  to  bring  such  food  or  dairy  product 
or  substitute  therefor  or  imitation  thereof,  when  found,  and  the  person  in 
whose  possession  the  same  is  found,  before  the  magistrate  who  issued  the 
warrant,  or  before  some  other  court  or  magistrate  having  jurisdiction  of 
the  case  to  be  proceeded  against  as  hereinbefore  provided  for  in  section  10 
of  this  Act. 

261//.  State's  Attorney's  Duty. 

Sec.  31.  It  shall  be  the  duty  of  the  State's  attorney  in  any  county  of 
this  State  when  called  upon  by  the  commissioner,  or  any  of  his  assistants, 
to  render  any  legal  assistance  in  his  power  to  execute  the  law  and  to 
prosecute  cases  arising  under  the  provisions  of  this  Act:  Provided,  that 
no  person  shall  be  prosecuted  under  the  provisions  of  this  Act  for  selling 
or  offering  for  sale  any  article  of  food  or  drugs  as  defined  herein,  when  the 
same  is  found  to  be  adulterated  or  misbranded  within  the  meaning  of  this 
Act,  in  the  original  unbroken  package  in  which  it  was  received  by  said 
person  when  he  can  establish  a  guaranty  signed  by  the  wholesaler,  jobber, 
manufacturer  or  other  party  residing  in  this  State,  from  whom  he  purchased 
such  article,  to  the  effect  that  the  same  is  not  adulterated  or  misbranded  in 
the  original  unbroken  package  in  which  said  article  was  received  by  said 
dealer  within  the  meaning  of  this  Act,  designating  it.  Said  guaranty  to 
afford  protection,  shall  contain  the  name  and  address  of  the  party  or  parties 
making  the  sale  of  such  article  to  such  dealer,  and  in  such  case  said  party 
or  parties  shall  be  amenable  to  the  prosecutions,  fines  and  other  penalties 
as  provided  for  in  this  Act:  Provided,  that  no  such  guaranty  shall  operate 
as  a  defense  to  prosecutions  for  the  violation  of  this  Act;  first,  if  the  dealer 
shall  continue  to  sell  after  notice  by  the  State  food  commissioner  that  such 
article  is  adulterated  or  misbranded  within  the  meaning  of  this  Act;  second, 
if  the  dealer  shall  fail  to  preserve  for  the  manufacturer  or  guarantor  and 
deliver  to  him  upon  demand  the  sample  left  with  him  by  the  commissioner 
or  his  agent. 


205.  State  Board  of  Health,  Samples. 

Sec.  32.  The  State  Board  of  Health  may  submit  to  the  commissioner  or 
any  of  his  assistants  samples  of  food  or  drink  for  examination  or  analysis, 
and  shall  receive  special  reports  showing  the  results  of  such  examination  or 
analysis. 

206.  State  Analyst,  Certificate. 

Sec.  33.  It  shall  be  unlawful  for  the  State  analyst  or  any  assistant  State 
analyst  to  furnish  to  any  individual,  firm  or  corporation  any  certificate  as 
to  the  purity  or  excellence  of  any  article  manufactured  or  sold  by  them  to 
be  used  as  food  or  in  the  preparation  of  food. 

207.  Shift  or  Device. 

Sec.  34.  The  use  of  any  shift  or  device  to  evade  any  of  the  provisions 
of  this  Act  shall  be  deemed  a  violation  of  such  provision  and  punishable  as 
herein  provided. 

208.  Master's  Liability. 

Sec.  35.  Whoever  shall,  by  himself  or  another,  either  as  principal,  clerk 
or  servant,  directly  or  indirectly,  violate  any  of  the  provisions  of  this  Act, 
shall  be  guilty  of  a  misdemeanor  and  punished  as  herein  provided. 

209.  Penalties,  License  Fees,  Proceeds,  Payment. 

Sec.  36.  All  fines,  penalties,  and  all  proceeds  collected  from  goods  con- 
fiscated and  sold  under  the  provisions  of  this  Act  and  other  laws  relating  ta 
dairy  and  food  products,  and  all  license  fees  collected  hereunder,  shall  be 
paid  into  the  State  treasury. 

210.  Label,  Size  of  Type. 

Sec.  37.  The  principal  label  on  any  package  of  food,  as  defined  by  this 
Act,  shall  be  printed  plainly  and  legibly  in  English  with  or  without  the 
foreign  label  in  the  language  of  the  country  where  the  product  is  produced 
or  manufactured  and  the  size  of  type,  if  not  otherwise  described  in  this. 
Act,  shall  be  not  smaller  than  EIGHT  POINT  (BREVIER)  CAPS:  Pro- 
vided, that  in  case  the  size  of  the  package  will  not  permit  the  use  of  eight- 
point  cap  type,  the  size  of  the  type  may  be  reduced  proportionately. 

211.  Rules  and  Regulations. 

Sec.  38.  The  State  food  commissioner  shall  make  rules  and  regulations 
for  carrying  out  the  provisions  of  this  Act,  and  shall  have  power  to  make 
rules  and  regulations  for  the  analyzing  and  reporting  the  results  thereof, 
of  articles  submitted  for  analysis  by  the  State  Board  of  Health,  and  reg- 
ulating the  analyzing  and  reporting  thereon  of  samples  taken  under  any 
law  or  laws  of  the  United  States  by  any  person  hereunder,  or  furnished  by 
any  officer  or  employee  charged  with  the  enforcement  of  the  laws  of  the 
United  States  relative  to  the  manufacture,  sale  or  transportation  of  adulter- 
ated, misbranded,  poisonous  or  deleterious  foods,  dairy  products  or  articles 
manufactured  from  dairy  products,  or  liquids. 

212.  Standard  of  Purity  and  Strength. 

Sec.  39.  In  the  enforcement  of  this  Act,  and  in  the  construction  thereof, 
the  following  named  articles  of  foodstuffs,  when  offered  for  sale  or  exposed 
for  sale,  or  sold,  shall  conform  to  the  analytical  requirements  set  opposite 
each  respectively: 

Milk  shall  contain  not  less  than  three  (3)  per  cent  of  milk  fat  and  not 
less  than  eight  and  one-half  (8%)  per  cent  of  solids,  not  fat. 

Cream  shall  contain  not  less  than  eighteen   (18)   per  cent  of  milk  fat. 

Maple  Sugar  shall  contain  not  less  than  sixty-five  one-hundredths  (0.65) 
per  cent  of  maple  ash  in  the  water-free  substance. 

Honey  is  a  laevo-rotatory,  contains  not  more  than  twenty-five  (25)  per 
cent  of  water,  not  more  than  twenty-five  hundredths  (0.25)  per  cent  of  ash, 
and  not  more  than  eight    (8)    per  cent  of  sucrose. 


69 

Cloves  shall  contain  not  more  than  five  (5)  per  cent  of  clove  stems, 
not  less  than  ten  (10)  per  cent  of  volatile  ether  extract,  not  less  than  twelve 
(12)  per  cent  of  quercitannic  acid,  not  more  than  eight  (8)  per  cent  of 
total  ash,  not  more  than  five-tenths  (0.5)  per  cent  of  ash  insoluble  in 
hydrochloric  acid,  and  not  more  than  ten  (10)  per  cent  of  crude  fiber. 

Black  pevper  shall  contain  not  less  than  six  (6)  per  cent  of  nonvolatile 
ether  extract,  not  less  than  twenty-five  (25)  per  cent  of  pepper  starch,  nor 
more  than  seven  (7)  per  cent  of  total  ash,  not  more  than  two  (2)  per  cent 
of  ash  insoluble  in  hydrochloric  acid,  and  not  more  than  fifteen  (15)  per 
cent  of  crude  fiber. 

Lemon  Exh-act  shall  contain  not  less  than  five  (5)  per  cent  of  oil  of 
lemon  by  volume. 

Orange  Extract  shall  contain  not  less  than  five  (5)  per  cent  of  oil  of 
orange  by  volume. 

Vanilla  Extract  shall  contain  in  one  hundred  (100)  cubic  centimeters 
the  soluble  matters  from  not  less  than  ten   (10)   grams  of  vanilla  bean. 

Olive  Oil  has  a  refractive  index  (25°  C.)  not  less  than  one  and  forty-six 
hundred  and  sixty  ten-thousandths  (1.4660)  and  not  exceeding  one  and 
forty-six  hundred  and  eighty  ten-thousandths  (1.4680),  and  in  iodin  number 
not  less  than  seventy-nine  (79)  and  not  exceeding  ninety  (90). 

All  Vinegars  shall  contain  four  (4)  grams  of  acetic  acid  in  one  hundred 
(100)    cubic  centimeters    (20°  C). 

Cider  Vinegar  shall  contain  not  less  than  one  and  six-tenths  (1.6) 
grams  of  apple  solids,  and  not  less  than  twenty-five  hundredths  (0.25)  grams 
of  apple  ash  in  one  hundred   (100)   cubic  centimeters   (20°  C). 

Malt  vinegar  shall  contain  in  one  hundred  (100)  cubic  centimeters  (20° 
C.)  not  less  than  two  (2)  grams  of  solids  and  not  less  than  two-tenths  (0.2) 
grams  of  ash. 

Wine  vinegar  shall  contain  not  less  than  one  (1)  gram  of  grape  solids 
and  not  less  than  thirteen-hundredths  (0.13)  gram  of  grape  ash  in  one 
hundred  cubic  centimeters  (20°C.). 

Ice  cream  is  a  frozen  substance,  made  from  cream,  or  milk  and  cream, 
and  sugar,  with  or  without  the  additions  of  such  other  wholesome  substances 
as  have  customarily  been  used  in  making  ice  cream,  and  contains  not  less 
than  eight  per  cent  (8%)  milk  fat,  and  manufactured,  stored,  distributed  and 
dispensed  in  a  sanitary  manner.  The  following  other  substances  have 
customarily  been  used  in  making  ice  cream:  Eggs,  flours,  starches,  butter, 
gelatin,  flavoring,  harmless  colors,  nuts,  fruits,  pastries  and  condensed 
milks. 

In  the  enforcement  of  this  Act  and  in  the  construction  thereof  all 
articles  of  food  not  defined  in  this  Act,  when  offered  for  sale  or  exposed  for 
sale,  or  sold,  shall  conform  to  the  definition  and  analytical  requirements 
of  the  standard  adopted  and  promulgated  from  time  to  time  by  the  Food 
Standards  Commission:  Provided,  that  standards  of  quality,  purity  or 
strength,  for  food  products,  adopted  from  time  to  time  by  the  Food 
Standards  Commission  and  the  regulations  concerning  the  labeling  of  food 
products,  adopted  from  time  to  time  by  the  State  food  commissioner,  shall 
constitute  prima  facie  evidence  in  the  trial  of  all  cases  in  court  of  the 
proper  standard  or  of  the  proper  labeling:  Provided,  that  nothing  in  this 
section  shall  be  construed  to  prevent  the  sale  of  any  wholesome  food  product 
which  is  below  such  standard,  if  such  article  of  food  be  labeled  so  as  to 
clearly  indicate  such  variation:  Provided,  further,  that  in  all  places  where 
foods  below  such  standards  are  sold  in  bulk  or  have  been  removed  from  its 
original  package,  there  shall  be  placed  in  a  prominent  position  a  placard 
in  large  letters  of  not  less  than  one  inch  in  length  which  shall  clearly  indi- 
cate such  variation  so  as  to  be  easily  read  by  customers.  (This  and  the 
following  section  amended  by  act  becoming  a  law  July  12,  1915.  L.  1915, 
p.  700.) 

213.  Illegal  Food,  Sale. 

Sec.  39a.  The  sale  of  food  which  violates  any  of  the  provisions  of  this 
act  is  hereby  prohibited;    and  whoever  offers  for  sale,  exposes  for  sale  or 


sells  any  food  that  violates  any  of  the  provisions  of  this  Act  shall  be  guilty 
of  a  misdemeanor  and  punished  as  herein  provided. 

21Jt.  Eggs. 

Sec.  39al.  It  shall  be  unlawful  to  ship  or  otherwise  dispose  of  in  any 
kind  of  a  container,  or  in  any  other  manner,  any  collection  of  eggs  or  any 
eggs  known  as  "yolks  stuck  to  the  shell,"  "heavy  blood  rings,"  "partially 
hatched,"  "moldy  eggs,"  "black  spots,"  "black  rots"  or  any  other  eggs  of  an 
unwholesome  nature,  unless  the  same  are  broken  in  the  shell,  and  then 
denatured,  so  as  to  render  the  same  unfit  for  human  food. 

Eggs  exclusive  of  the  above  named  varieties  which  are  not  intended  for 
sale  to  the  trade  in  shell  form  are  hereby  declared  "Breaking  Stock." 
"Breaking  Stock,"  when  packed  in  cases  sealed  with  proper  identifying 
strips,  that  have  been  approved  by  the  Director  of  the  Department  ot  Agri- 
culture, may  be  shipped  from  within  or  without  the  State  of  Illinois,  either 
directly  or  otherwise,  to  licensed  egg  breaking  establishments  in  Illinois. 

All  persons,  firms  or  corporations  that  engage  in  the  State  of  Illinois  in 
the  business  of  removing  eggs  from  their  shells  in  the  manufacture  of 
frozen,  liquid,  dessicated,  or  any  other  form  of  whole  egg,  yolks,  whites,  or 
any  mixture  of  yolks  and  whites  with  or  without  the  additions  of  any  other 
Ingredients,  shall  before  engaging  in  such  business,  apply  to  the  Director 
of  the  Department  of  Agriculture  for  a  license.  Thereupon,  the  Director  of 
the  Department  of  Agriculture,  or  his  agents,  shall  inspect  the  establishment 
and  equipment  of  said  egg  breaking  establishment,  and  he  shall  also  ascer- 
tain, if  the  said  establishment  complies  in  method  and  equipment  with  the 
sanitary  law  and  the  rules  and  regulations  that  shall  from  time  to  time  be 
established  by  the  Director  of  the  Department  of  Agriculture,  for  the  govern- 
ing of  these  establishments.  If  after  such  inspection  it  shall  appear  that 
the  said  establishment  complies  with  the  provisions  of  the  sanitary  law  and 
the  rules  and  regulations  governing  egg  breaking  establishments,  then  the 
said  Director  of  the  Department  of  Agriculture  shall  certify  to  the  State 
Treasurer  that  the  said  establishment  is  entitled  to  a  license. 

Every  person,  firm  or  corporation  engaged  in  the  breaking  of  eggs  and 
whose  establishment  has  been  inspected  and  approved  as  above  described 
shall  pay  annually  during  the  month  of  December  of  each  year  a  license 
fee  of  three  hundred  dollars  ($300.00)  for  each  establishment  to  the  treasurer 
of  the  State  of  Illinois.  Said  treasurer  shall  in  each  case  at  once  certify  to 
the  Director  of  the  Department  of  Agriculture  the  payment  of  such  fee,  and 
thereupon  the  Director  of  the  Department  of  Agriculture  shall  issue  a  license 
to  such  establishment. 

It  shall  be  unlawful  for  any  one  to  have  in  his  possession  eggs  known  as 
"yolks  stuck  to  the  shell,"  "heavy  blood  rings,"  "partially  hatched,"  "moldy 
eggs,"  "black  spots,"  "black  rots,"  or  any  other  unwholesome  eggs,  unless 
the  same  are  broken  in  the  shell,  and  then  denatured  so  as  to  render  the 
same  unfit  for  human  food. 

Every  egg  breaking  establishment,  when  it  has  received  its  license,  shall 
be  furnished  with  an  identifying  establishment  number.  Said  number  shall 
be  included  as  part  of  the  proper  labeling  of  all  cans  or  other  receptacles  in 
which  frozen  or  dessicated  egg  products  are  offered  for  sale.  The  form  and 
manner  of  placing  said  number  on  containers  shall  be  under  rules  and  regu- 
lations promulgated  by  the  Director  of  the  Department  of  Agriculture. 

Brokers,  commission  men,  or  ordinary  receivers  of  eggs  who  have  eggs 
shipped  to  them  in  these  "breaking  stock"  identified  cases  may  break  the 
seal  and  examine  the  stock,  but  they  must  reseal  the  identified  strip  where 
it  ,is  cut,  with  another  identifying  strip,  which  carries  their  name  and 
address  and  the  date  on  which  they  inspected  the  eggs.  They  will  be  held 
responsible  for  any  tampering  of  the  contents  of  the  identified  cases. 

Whoever  shall  violate  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punished  as  provided  in  this  Act,  and 
in  addition  thereto  the  Director  of  the  Department  of  Agriculture  shall  at 
once  revoke  such  offender's  license.  (Amended  by  Act  approved  June  26, 
1917,  in  force  July  1,  1917.     L.  1917,  p.  774.) 


71 

215.  Preliminary  Hearing. 

Sec.  40.  When  it  appears  from  the  examination  or  analysis  that  the  pro- 
visions of  this  Act  have  been  violated,  the  food  commissioner  shall  cause 
notice  of  such  fact,  together  with  a  copy  of  the  findings,  to  be  given  to  the 
party  or  parties  from  whom  the  sample  was  obtained;  and  to  the  party,  if 
any,  whose  name  appears  upon  the  label  as  manufacturer,  packer,  wholesaler, 
retailer,  or  other  dealer  by  registered  mail.  The  party  or  parties  so  notified 
shall  be  given  an  opportunity  to  be  heard  under  such  rules  and  regulations 
as  may  be  prescribed  as  aforesaid.  Notices  shall  specify  the  date,  hour  and 
place  of  the  hearing.  The  hearing  shall  be  private  and  the  parties  interested 
therein  may  appear  in  person  or  by  attorney.  If,  after  such  hearing,  the 
commissioner  shall  believe  this  Act  has  been  violated,  he  shall  cause  the 
party  or  parties  whom  he  believes  to  be  guilty,  to  be  prosecuted  forthwith, 
under  the  provisions  of  this  Act. 

In  all  proceedings  or  prosecutions  brought  under  this  Act,  it  shall  not 
be  necessary  to  allege  in  the  pleadings  that  a  hearing  was  had  before  the 
commissioner.  A  certified  copy  of  the  records  of  the  State  Food  Commis- 
sioner's office,  showing  that  notice  of  hearing  was  sent  by  registered  mail, 
together  with  a  copy  of  such  notice  of  hearing  and  the  receipt  of  the  post 
office  department  for  such  registered  notice  shall  be  received  as  evidence 
that  such  notice  of  hearing  was  given. 

A  certificate  in  the  following  form  shall  be  sufficient: 

"I,   ,  Chief  Clerk   (or  other  employee)   in  State 

Food  Commissioner's  office,  do  hereby  certify  that  the  attached  is  a  true, 
correct  and  complete  copy  or  copies  of  the  notice  of  hearing  on  Inspector's 
Sample  No 

"That  the  said  notice  of  hearing  was  enclosed  by  me  in  an  envelope, 

properly  stamped  and  addressed  to of and  was 

deposited  and  registered  in  the  post  office  department  at  Chicago,  Illinois, 

on  the day  of A.  D.  19. . .,  and  that  the  attached  receipt 

of  the  post  office  department  is  the  receipt  received  by  this  office  for  the 
said  notice. 


"I  hereby  certify  that is  the  chief  clerk  (or  clerk) 

having  custody  of  the  records  of  Inspector's  Sample  No in  the  State 

Food  Commissioner's  office  and  that  the  above,  and  the  attached  papers  are 
a  true,  correct  and  complete  record  of  the  matters  therein  certified  as 
appears  by  the  records  of  my  office." 

"Given  under  my  hand  and  seal  this day  of 


State  Food  Commissioner." 
(This  and  the  following  section  amended  by  Act  becoming  a  law  July 
12,  1915.     L.  1915,  p,  700.) 

S'EC.  40a.  No  action  or  prosecution  shall  be  instituted  against  any  per- 
son for  a  violation  of  the  provisions  of  this  Act,  unless  the  same  shall  have 
been  commenced  within  six  months  from  the  taking  of  said  sample,  or  unless 
begun  by  and  with  the  advice  and  consent  of  the  State's  attorney  of  the 
proper  county,  first  had  and  obtained  therefor;  and  such  prosecution  shall  at 
all  times  be  under  and  within  the  control  of  said  State's  attorney. 

216.  Penalty. 

Sec.  41.  Any  person  convicted  of  violating  any  of  the  provisions  of  the 
foregoing  Act  shall,  for  the  first  offense,  be  punished  by  fine  in  sum  not 
less  than  fifteen  (15)  dollars,  and  not  more  than  one  hundred  (100)  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  thirty  days,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court,  and  for  the 
second  and  each  subsequent  offense  by  a  fine  of  not  less  than  twenty-five 
(25)  dollars  and  not  more  than  two  hundred  (200)  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court;    or  the  fine   above  may  be   sued   for   a,nd   recovered   before   any 


73 

Justice  of  the  peace  or  any  other  court  of  competent  jurisdiction  in  the 
county  where  the  offense  shall  have  been  committed,  at  the  instance  of  the 
State  food  commissioner,  or  any  other  person  in  the  name  of  the  people  of 
the  State  of  Illinois  as  plaintiff  and  shall  be  recovered  in  an  action  of  debt. 

2i7.  Judgment,  Capias,  Repeal. 

Sec.  42.  When  the  rendition  of  the  judgment  imposes  a  fine  as  provided 
in  any  of  the  sections  of  this  Act,  it  shall  be  the  duty  of  the  justice  of  the 
peace  or  other  court  rendering  such  judgment  also  to  render  a  judgment  for 
costs  and  such  justice  of  the  peace  or  other  court  shall  forthwith  issue  a 
capias  or  warrant  of  commitment  against  the  body  of  the  defendant,  com- 
manding that  unless  the  said  fine  and  costs  be  forthwith  paid  the  defendant 
shall  be  committed  to  the  jailof  the  county  and  the  constable  or  other  officer, 
to  whose  hands  said  capias  or  warrant  shall  come,  shall  in  default  of  such 
payment,  arrest  the  defendant  and  commit  him  to  the  jail  of  the  county, 
thereto  remain  as  provided  in  section  171  of  "An  Act  to  revise  the  law  in 
relation  to  criminal  jurisprudence,"  in  force  July  1,  1885,  unless  such  fines 
and  costs  shall  sooner  be  paid. 

Sec.  43.  All  acts  and  parts  of  acts  inconsistent  with  this  Act  are  hereby 
repealed:  Provided,  that  nothing  in  this  Act  contained  shall  be  construed 
as  repealing  the  act  entitled,  "An  Act  to  regulate  the  manufacture  and  sale 
of  substitutes  for  butter,"  approved  June  14,  1897,  in  force  July  1,  1897,  or 
any  part  thereof. 

An  Act  to  prevent  the  preparation,  manufacture,  packing,  storing,  or  dis- 
tributing of  food  intended  for  sale,  or  sale  of  food,  under  unsanitary. 
^lnhealthf^(,l  or  unclean  conditions  or  surroundings,  to  create  a  sanitary 
inspection,  to  declare  that  such  conditions  shall  constitute  a  nuisance, 
and,  to  provide  for  the  enforcement  thereof.  Approved  June  5,  1911,  in 
force  July  1,  1911.     L.  1911,  p.  528. 

218.  Manufacturing  Estalilishments,  Lighting,  Braining  and  Ventilating. 
Section  1.  Be  it  enacted  Ijy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  every  building,  room,  basement, 
enclosure  or  premises,  occupied,  used  or  maintained  as  a  bakery,  confec- 
tionery, cannery,  packing  house,  slaughter  house,  creamery,  cheese  factory, 
restaurant,  hotel,  grocery,  meat  market,  or  as  a  factory,  shop,  warehouse,  any 
public  or  place  or  manufacturing  establishment  used  for  the  preparation, 
manufacture,  packing,  storage,  sale  or  distribution  of  any  food  as  defined  by 
statute,  which  is  intended  for  sale,  shall  be  properly  and  adequately  lighted, 
drained,  plumbed  and  ventilated,  and  shall  be  conducted  with  strict  regard  to 
the  influence  of  such  conditions  upon  the  health  of  the  operatives,  employees, 
clerks,  or  other  persons  therein  employed,  and  the  purity  and  wholesome- 
ness  of  the  food  therein  produced,  prepared,  manufactured,  packed,  stored, 
sold  or  distributed. 

219.  Unsanitary  Condition  Defined. 

Sec.  2.  The  floors,  side  walls,  ceilings,  furniture,  receptacles,  implements 
and  machinery  of  every  such  establishment  or  place  where  such  food 
intended  for  sale  is  produced,  prepared,  manufactured,  packed,  stored,  sold 
or  distributed,  and  all  cars,  trucks,  and  vehicles  used  in  the  transportation 
6t  such  food  products,  shall  at  no  time  be  kept  or  permitted  to  remain  in  an 
unclean,  unhealthful  or  unsanitary  condition;  and  for  the  purpose  of  this 
Act,  unclean,  unhealthful  and  unsanitary  conditions  shall  be  deemed  to 
exist  if  food  in  the  process  of  production,  preparation,  manufacture,  packing, 
storing,  sale,  distribution  or  transportation  is  not  securely  protected  from 
flies,  dust,  dirt,  and  as  far  as  may  be  necessary,  by  all  reasonable  means, 
from  all  other  foreign  or  injurious  contamination;  or  if  the  refuse,  dirt  or 
waste  products  subject  to  decomposition  and  fermentation  incident  to  the 
manufacture,  preparation,  packing,  storing,  selling,  distributing,  or  trans- 
portation of  such  food  are  not  removed  daily,  or  if  all  trucks,  trays,  boxes, 
buckets  or  other  receptacles,  or  the  chutes,  platforms,  racks,  tables,  shelves, 
and   knives,   saws,   cleavers    or    other   utensils,    or   the   machinery   used    in 


73 

moving,  handling,  cutting,  chopping,  mixing,  canning  or  other  processes 
are  not  thoroughly  cleaned  daily;  or  if  the  clothing  of  operatives,  employees, 
clerks  or  other  persons  therein  employed,  is  unclean. 

220.  Sidewalls  and  Ceilings,  Construction. 

Sec.  3.  The  sidewalls  and  ceilings  of  every  bakery,  confectionery, 
creamery,  cheese  factory,  and  hotel  or  restaurant  kitchen  shall  be  so  con- 
structed that  they  can  easily  be  kept  clean;  and  every  building,  room,  base- 
ment, or  inclosure  occupied  or  used  for  the  preparation,  manufacture,  pack- 
ing, storage,  sale  or  distribution  of  food  shall  have  an  impermeable  floor 
made  of  cement  or  tile  laid  in  cement,  brick,  wood  or  other  suitable  material 
which  can  be  flushed  and  washed  clean  with  water. 

221.  Doors  and  Screens. 

Sec.  4.  All  such  factories,  buildings,  and  other  places  containing  food, 
shall  be  so  provided  with  proper  doors  and  screens  adequate  to  prevent 
contamination  of  the  product  from  flies. 

222.  Toilet  Rooms. 

Sec.  5.  Every  such  building,  room,  basement,  inclosure,  or  premises 
occupied,  used  or  maintained  for  the  production,  preparation,  manufacture, 
canning,  packing,  storage,  sale  or  distribution  of  such  food,  shall  have 
adequate  and  convenient  toilet  rooms,  lavatory  or  lavatories.  The  toilet 
rooms  shall  be  separate  and  apart  from  the  room  or  rooms  where  the  process 
of  production,  preparation,  manufacture,  packing,  storing,  canning,  selling 
and  distributing  is  conducted.  The  floors  of  such  toilet  rooms  shall  be  of 
cement,  tile,  wood,  brick  or  other  nonabsorbent  material,  and  shall  be 
washed  and  scoured  daily.  Such  toilet  or  toilets  shall  be  furnished  with 
separate  ventilating  flues  and  pipes  discharging  into  soil  pipes  or  shall  be 
on  the  outside  of  and  well  removed  from  the  building.  Lavatories  and  wash 
rooms  shall  be  adjacent  to  toilet  rooms,  or  when  the  toilet  is  outside  of  the 
building,  the  wash  room  shall  be  near  the  exit  to  the  toilet  and  shall  be 
supplied  with  soap,  running  water  and  towels  and  shall  be  maintained  in 
a  sanitary   condition. 

223.  Nuisance  Defined. 

Sec.  6.  If  any  such  building,  room,  basement,  inclosure  or  premises 
occupied,  used  or  maintained  for  the  purposes  of  the  aforesaid,  or  if  the 
floors,  sidewalks,  ceilings,  furniture,  receptacles,  implements,  appliances  or 
machinery  of  any  such  establishment,  shall  be  constructed,  kept,  maintained,, 
or  permitted  to  remain  in  a  condition  contrary  to  any  of  the  requirements 
or  provisions  of  the  preceding  five  (5)  sections  of  this  act,  the  same  is 
hereby  declared  a  nuisance,  and  any  toilet,  toilet  room,  lavatory  or  wash 
room  as  aforesaid,  which  shall  be  constructed,  kept,  maintained  or  permitted 
to  remain  in  a  condition  contrary  to  the  requirements  or  provisions  of  sec- 
tion five  (5)  of  this  Act,  is  hereby  declared  a  nuisance;  and  any  car,  truck, 
or  vehicle  used  in  the  moving  or  transportation  of  any  food  product  as 
aforesaid,  which  shall  be  kept  or  permitted  to  remain  in  an  unclean,, 
unhealthful  or  unsanitary  condition  is  hereby  declared  a  nuisance.  Whoever 
unlawfully  maintains,  or  allows  or  permits  to  exist  a  nuisance  as  herein 
defined  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  punished  as  herein  provided. 

22ff.  Cuspidors. 

Sec.  7.  Every  person,  firm,  or  corporation  operating  or  maintaining  an 
establishment  or  place  where  food  is  produced,  prepared,  manufactured, 
packed,  stored,  sold  or  distributed  shall  provide  the  necessary  cuspidors  for 
the  use  of  the  operatives,  employees,  clerks,  and  other  persons,  and  each 
cuspidor  shall  be  thoroughly  emptied  and  washed  out  daily  with  water  or  a 
disinfectant  solution,  and  five  ounces  thereof  shall  be  left  in  each  cuspidor 
while  it  is  in  use.  Whoever  fails  to  observe  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  punished  as  hereinafter  provided. 


74 

225.  Expectorating,  Penalty. 

Sec.  8.  No  operative,  employee,  or  other  persons  shall  expectorate  on  the 
food  or  on  the  utensils  or  on  the  floors  or  sidewalls  of  any  building,  room, 
basement,  or  cellar,  where  the  production,  preparation,  manufacture,  packing, 
storing  or  sale  of  any  such  food  is  conducted.  Operatives,  employees,  clerks, 
and  all  other  persons  who  handle  the  material  from  which  such  foo^i  is  pre- 
pared or  the  finished  product,  before  beginning  work,  or  after  visiting  toilet 
or  toilets,  shall  wash  their  hands  thoroughly  in  clean  water.  Whoever  fails 
to  observe  or  violates  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor  and  punished  by  a  fine  of  not  more  than  twenty-five  dollars, 

226.  Sleeping  in  Work  Room. 

Sec.  9.  It  shall  be  unlawful  for  any  person  to  sleep,  or  to  allow  or  permit 
any  person  to  sleep  in  any  work  room  of  a  bake  shop,  kitchen,  dining  room, 
confectionery,  creamery,  cheese  factory,  or  any  place  where  food  is  prepared 
for  sale,  served  or  sold,  unless  all  foods  therein  handled  are  at  all  times  in 
hermetically  sealed  packages. 

221.  .Contagious  Diseases. 

Sec.  10.  It  shall  be  unlawful  for  an  employer  to  require,  suffer  or  permit 
any  person  who  is  affected  with  any  contagious  or  venereal  disease  to  work, 
or  for  any  person  so  affected  to  work,  in  a  building,  room,  basement,  in- 
closure,  premises  or  vehicle  occupied  or  used  for  the  production,  preparation, 
manufacture,  packing,  storage,  sale,  distribution,  or  transportation  of  food, 

228.  Inspection,  Reports,  Prosecutions. 

Sec.  11.  It  shall  be  the  duty  of  the  State  Food  Commissioner  and  those 
appointed  bj'  him  to  enforce  this  Act,  and  for  that  purpose  the  State  Food 
Commissioner  and  his  appointees  shall  have  full  power  at  all  times  to  enter 
every  such  building,  room,  basement,  inclosure  or  premises  occupied  or  used 
or  suspected  of  being  occupied  or  used  for  the  production,  preparation  or 
manufacture  for  sale,  or  the  storage,  sale,  distribution  or  transportation  of 
such  food,  to  inspect  the  premises  and  all  utensils,  fixtures,  furniture  and 
machinery  used  as  aforesaid;  and  if  upon  inspection  any  such  food  producing 
or  distributing  establishment,  conveyance,  or  any  employer,  employee,  clerk, 
driver  or  other  person  is  found  to  be  violating  any  of  the  provisions  of  this 
Act,  or  if  the  production,  preparation,  manufacture,  packing,  storage,  sale, 
distribution  or  transportation  of  such  food  is  being  conducted  in  a  manner 
detrimental  to  the  health  of  the  employees  and  operatives,  or  to  the  character 
or  quality  of  the  food  therein  being  produced,  manufactured,  packed,  stored, 
sold,  distributed  or  conveyed,  the  officer  or  inspector  making  the  inspection 
or  examination  shall  report  such  conditions  and  violations  to  the  State  Food 
Commissioner.  The  State  Food  Commissioner  or  the  assistant  commissioner 
shall  thereupon  issue  a  written  order  to  the  person,  firm  or  corporation 
responsible  for  the  violation  or  condition  aforesaid  to  abate  such  condition 
or  violation  or  to  make  such  changes  or  improvements  as  may  be  necessary 
to  abate  them,  within  such  reasonable  time  as  may  be  required  in  which  to 
abate  them.  Notice  of  such  order  may  be  served  by  delivering  a  copy  thereof 
to  said  person,  firm  or  corporation,  or  by  sending  a  copy  thereof  by  registered 
mail,  and  the  receipt  thereof  through  the  post  office  shall  be  prima  facie 
evidence  that  notice  of  said  order  has  been  received.  Such  person,  firm  or 
corporation  shall  have  the  right  to  appear  in  person  or  by  attorney  before 
the  State  Food  Commissioner,  or  the  person  appointed  by  him  for  such  pur- 
pose, within  the  time  limited  in  the  order,  and  shall  be  given  an  opportunity 
to  be  heard  and  to  show  why  such  order  or  instructions  should  not  be 
obeyed.  Such  hearing  shall  be  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  State  Food  Commissioner.  If  after  such  hearing  it  shall 
appear  that  the  provisions  or  requirements  of  this  Act  have  not  been  violated, 
said  order  shall  be  rescinded.  If  it  shall  appear  that  the  requirements  or 
provisions  of  this  Act  are  being  violated,  and  that  the  person,  firm  or  cor- 
poration notified  as  aforesaid  is  responsible  therefor,  said  previous  order 
shall  be  confirmed  or  amended,  as  the  facts  shall  warrant,  and  shall  there- 
upon be  final,  but  such  additional  time  as  is  necessary  may  be  granted  within 


75 

which  to  comply  with  said  final  order.  If  such  person,  firm  or  corporation 
is  not  present  or  represented  when  such  final  order  is  made,  notice  thereof 
shall  be  given  as  above  provided.  On  failure  of  the  party  or  parties  to 
comply  with  the  first  order  of  the  State  Food  Commissioner  within  the  time 
prescribed,  when  no  hearing  is  demanded,  or  upon  failure  to  comply  with  the 
final  order,  within  the  time  specified,  the  State  Food' Commissioner  shall 
certify  the  facts  to  the  State's  attorney  of  the  county  in  which  such  violation 
occurred,  and  such  State's  attorney  shall  proceed  against  the  party  or  parties 
for  the  fines  and  penalties  provided  by  this  Act,  and  also  for  the  abatement 
of  the  nuisance:  Provided,  that  the  proceedings  herein  prescribed  for  the 
abatement  of  nuisances  as  defined  in  this  Act  shall  not  in  any  manner  relieve 
the  violator  from  prosecution  in  the  first  instance  for  every  such  violation, 
nor  from  the  penalties  for  such  violation  prescribed  by  section  13  of  this  Act. 

229.  Fines,  Payment. 

Sec.  12.  All  fines  collected  under  the  provisions  of  this  Act  shall  be  paid 
into  the  county  treasury  of  the  county  in  which  the  prosecution  is  brought, 
and  it  shall  be  the  duty  of  the  State's  attorneys  in  the  respective  counties 
to  prosecute  all  persons  violating  or  refusing  to  obey  the  provisions  of 
this  Act. 

2S0.  Penalty. 

Sec.  13.  Whoever  violates  any  of  the  provisions  of  this  Act,  or  who 
refuses  to  comply  with  any  lawful  order  or  requirement  of  the  State  Food 
Commissioner,  duly  made  in  writing  as  provided  in  section  11  of  this  Act, 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  shall  be  punished  for  the 
first  offense  by  a  fine  of  not  less  than  ten  dollars  ($10.00)  nor  more  than  two 
hundred  dollars  ($200.00),  and  for  the  second  and  subsequent  offenses  by  a 
fine  of  not  less  than  fifty  dollars  ($50.00)  nor  more  than  two  hundred  dollars 
($200.00),  or  by  imprisonment  in  the  county  jail  for  not  more  than  ninety 
days,  or  both,  in  the  discretion  of  the  court;  and  each  day  after  the  expiration 
of  the  time  lim^it  for  abating  unsanitary  conditions  and  completing  improve- 
ments to  abate  such  conditions,  as  ordered  by  the  State  Food  Commissioner, 
as  aforesaid,  shall  constitute  a  distinct  and  separate  offense. 

Ax  Act  to  protect  the  public  and  the  manufacturers  of  dairy  products  from 
frauds  and  imitations  and  to  prevent  the  public  from  being  deceived  in 
the  use  of  adulterated  foods  by  providing  for  marking,  stamping  and 
branding  of  cans  or  other  containers  for  the  handling  and  transportation 
of  dairy  products;  for  the  registration  of  such  mark  or  brand  and  pro- 
hibiting the  use  of  such  marked  can,  bottle  or  other  container  for  any 
other  than  the  designated  purpose;  and  for  preventing  the  use  of  any 
such  brand  or  mark  of  another;  and  from  defacing  or  removing  the 
same;  and  providing  penalties  for  violation  thereof ;  and  making  it  the 
duty  of  the  Food  and  Dairy  Commissioner  to  enforce  the  law.'^'^  Approved 
June  25,  1911,  in  force  July  1,  1917.     L.  1911,  p.  113. 

231.  Dairy  Containers,  Brand,  Adoption. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  order  to  protect  the  public  against 
frauds  and  imitations  in  the  sale  of  dairy  products,  and  prevent  the  public 
from  being  deceived  in  the  purchase  and  use  of  adulterated  foods  and  to 
protect  the  manufacturers  from  being  wrongfully  charged  with  the  manu- 
facture, storage,  transportation  or  sale  of  impure  or  adulterated  foods,  any 
person,  firm  or  corporation  engaged  in  the  manufacture  or  transportation  of 
any  dairy  products,  including  milk,  cream  and  ice  cream  may  adopt  a  suit- 
able mark,  stamp  or  brand  for  use  upon  any  can,  bottle  or  other  container 
used  in  the  handling  and  transporting  any  of  said  products  and  may  file 
in  the  office  of  the  Secretary  of  State  a  description  of  such  mark,  stamp 
or  brand  so  desired  to  be  used. 


^  The  four  acts  following  were  taken  from 
Laws  compiled  for  the  Department  of  Agri- 
culture. 


76 

232.  Brand,  Device,  Registration. 

Sec.  2.  Such  brand,  stamp  or  mark  may  consist  of  a  name,  design  or 
device,  either  in  color,  enamel  or  otherwise,  and  shall  be  registered  by  the 
Secretary  of  State,  provided,  it  can  be  suitably  distinguished  from  any  other 
mark,  stamp  or  brand  theretofore  registered;  and  such  registered  mark, 
stamp  or  brand  may  be  affixed  in  any  suitable  and  permanent  manner  to  the 
can,  bottle  or  other  container,  but  nothing  in  this  Act  shall  be  construed  as 
permitting  the  registration  or  use  by  any  person,  firm  or  corporation,  of  any 
brand,  stamp,  mark,  name,  design  or  device  which,  but  for  this  Act,  such 
person,  firm  or  corporation  would  not  be  entitled  to  use. 

233.  Registered  Brand  Protected. 

Sec.  3.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  use 
any  brand,  stamp  or  mark  which  has  already  heen  selected  and  registered 
under  the  provisions  of  this  Act  upon  any  can,  bottle  or  other  container  for 
any  commodity. 

234.  Marked  Bottle,  Use  Prohihited. 

Sec.  4.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  other 
than  the  rightful  owner  thereof,  to  use  any  can,  bottle  or  other  container 
marked,  stamped  or  branded  as  herein  provided. 

235.  Brand,  Defacing. 

Sec.  5.  It  shall  be  unlawful  for  any  person,  firm  or  corporation,  other 
than  the  rightful  owner  thereof,  to  deface,  remove  or  injure  any  such  brand, 
stamp  or  mark  upon  any  such  can,  bottle  or  other  container  referred  to 
herein. 

236.  Penalty. 

Sec.  6.  Any  person,  firm  or  corporation  who  shall  violate  any  provision 
of  this  Act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  for  each  such  offense  by  a  fine  not  less  than  five  (|5.00)  dollars,  nor 
more  than  one  hundred  ($100.00)  dollars,  or  by  imprisonment  in  the  county 
jail  not  to  exceed  thirty  (30)  days. 

231.  Enforcement  of  Act. 

Sec.  7.  It  is  hereby  made  the  duty  of  the  Food  and  Dairy  Commissioner 
to  enforce  all  of  the  provisions  of  this  Act. 

An  Act  to  prevent  fraud  in  the  Jyranding  and  sale  of  process  and  renovated 
tutter.  Approved  April  21^,  1901,  in  force  July  1,  1901.  L.  1901,  p.  315. 

238.  Renovated  Butter,  Sale. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  no  person,  firm,  corporation,  agent 
or  employee  shall  manufacture,  sell,  offer  or  expose  for  sale  in  this  State 
any  butter  that  is  produced  by  taking  original  packing  stock  butter,  or 
other  butter,  or  both,  and  melting  the  same  so  that  the  butter  fat  can  be 
drawn  off  or  extracted,  then  mixing  the  said  butter  fat  with  skimmed 
milk,  or  milk,  or  cream,  or  other  milk  product,  and  rechurning  or  reworking 
the  said  mixture,  or  that  produced  by  any  process  that  is  commonly  known 
as  boiled,  process  or  renovated  butter,  unless  the  same  is  branded  or  marked 
as  provided  in  Sec.  2  of  this  Act. 

239.  Renovated  Butter,  Branding. 

Sec.  2.  No  person,  firm,  corporation,  agent  or  employee,  shall  sell,  offer 
or  expose  for  sale,  or  deliver  to  purchaser,  any  boiled,  process  or  renovated 
butter,  as  defined  in  section  1  of  this  Act,  unless  the  words  "Renovated 
Butter"  shall  be  plainly  branded  with  gothic  or  bold-faced  letters  at  least 
three-fourths  of  an  inch  in  length,  on  the  top  and  sides  of  each  tub,  or  box, 
or  pail,  or  other  kind  of  a  case,  or  package,  or  on  the  wrapper  of  prints 
or  rolls  in  which  it  is  put  up.  If  such  butter  is  exposed  for  sale  uncovered 
or  not  in  a  case  or  package,  a  placard  containing  the  label  so  printed  shall 
be  attached  to  the  mass  of  butter  in  such  manner  as  to  easily  be  seen  and 


77 

read  by  the  purchaser.  The  branding  or  marking  of  all  packages  shall  be 
in  the  English  language,  and  in  a  conspicuous  place,  so  as  to  be  easily  seen 
and  read  by  the  purchaser. 

2^0.  Commissioner' s  Duty,  Costs. 

Sec.  3.  The  State  Food  Commissioner  and  his  assistants,  experts  and 
chemists,  by  him  appointed,  shall  be  charged  with  the  proper  enforcement 
of  all  the  provisions  of  this  Act.  When  complaint  is  made  by  the  said  State 
Food  Commissioner,  his  assistants,  employees  or  chemists,  or  by  any  other 
person  authorized  by  the  said  State  Food  Commissioner,  security  for  costs 
shall  not  be  required. 

241.  Penalty. 

Sec.  4.  Whoever  violates  any  provision  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  for  each  offense,  upon  conviction  thereof, 
be  subject  to  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  or  of  imprisonment  in  the  county  jail  for  any  period  not  to  exceed 
six,  months. 

242.  Commissioner's  Powers. 

Sec.  5.  The  said  commissioner  and  his  assistants,  experts,  chemists  or 
agents,  shall  have  access  and  ingress  to  all  places  of  business,  factories, 
stores  and  buildings,  used  for  the  manufacture  or  sale  of  butter.  They 
also  shall  have  power  and  authority  to  open  any  tub,  box,  pail  or  other  kind 
of  case  or  package  containing  any  butter  that  may  be  manufactured,  sold  or 
exposed  for  sale. 

^'An  Act  to  regulate  the  manufacture  and  sale   of  substitutes  for  butter. 
Ap2)rovecl  June  14,  1897,  in  force  Jtily  1,  1897.   L.  1897,  p.  3. 

243.  Imitation  Butter  Defined. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  for  the  purpose  of  this  Act,  every 
article,  substitute  or  compound  other  than  [that]  which  is  produced  from 
pure  milk  or  cream  therefrom,  made  in  the  semblance  of  butter  and  designed 
to  be  used  as  a  substitute  for  butter  made  from  pure  milk  or  its  cream,  is 
hereby  declared  to  be  imitation  butter:  Provided,  that  the  use  of  salt  and 
harmless  coloring  matter  for  coloring  the  product  of  pure  milk  or  cream 
shall  not  be  construed  to  render  such  product  an  imitation. 

244.  Coloring.  '  :  "^\ 
Sec.  2.  No  person  shall  coat,  powder  or  color  with  annatto  or  any  color- 
ing matter  whatever;  any  substance  designed  as  a  substitute  for  butter, 
whereby  such  substitute  or  product  so  colored  or  compounded  shall  be  made 
to  resemble  butter,  the  product  of  the  dairy. 

No  person  shall  combine  any  animal  fat  or  vegetable  oil  or  other  sub- 
stance with  butter  or  combine  therewith  or  with  animal  fat  or  vegetable 
oil,  or  combination  of  the  two,  or  with  either  one,  any  other  substance  or 
substances,  for  the  purpose  or  with  the  effect  of  imparting  therto  a  yellow 
color  or  any  shade  of  yellow  so  that  such  substitute  shall  resemble  yellow 
or  any  shade  of  genuine  yellow  butter,  nor  introduce  any  such  coloring 
matter  or  such  substance  or  substances  into  any  of  the  articles  of  which 
the  same  is  composed:  Provided,  nothing  in  this  Act  shall  be  construed  to 
prohibit  the  use  of  salt,  rennet  and  harmless  coloring  matter  for  coloring 
the  products  of  pure  milk  or  cream  from  the  same. 

No  person  shall  by  himself,  his  agents  or  employees,  produce  or  manu- 
facture any  substance  in  imitation  or  semblance  of  natural  butter,  nor 
sell  nor  keep  for  sale,  nor  offer  for  sale  any  imitation  butter,  made  or 
manufactured,  compounded  or  produced  in  violation  of  this  section,  whether 
such  imitation  butter  shall  be  made  or  produced  in  this  State  or  elsewhere. 


^  This    act    is    a    reasonable    and    appro-  substitutes   for   butter   to   make   them  resemble 

priate  exercise   of  the  police  power  in  that  it  genuine    butter    and    thereby    deceive  purchas- 

is     designed     to     prevent     manufacturers     and  ers.     People  v.   Freeman   (1909),   242  111.   373, 

dealers    from    coloring    oleomargarine    or    other  379. 


78 

This  section  shall  not  be  construed  to  prohibit  the  manufacture  and 
sale  under  the  regulations  hereinafter  provided,  of  substances  designed  to 
be  used  as  a  substitute  for  butter  and  not  manufactured  or  colored  as 
herein  provided. 

2Jt5.  Branding. 

Sec.  3.  Every  person  who  lawfully  manufactures  any  substances  de- 
signed to  be  used  as  a  substitute  for  butter,  shall  mark  by  branding,  stamp- 
ing or  stenciling  upon  the  top  and  side  of  each  box,  tub,  firkin  or  other 
package  in  which  such  article  shall  be  kept  and  in  which  it  shall  be  removed 
from  the  place  where  it  is  produced,  in  a  clear  and  durable  manner,  in  the 
English  language,  the  word  "oleomargarine,"  or  the  word  "butterine,"  or  the 
words  "substitute  for  butter,"  or  the  words  "imitation  butter,"  in  printed 
letters  in  plain  Roman  type,  each  of  which  shall  not  be  less  than  three- 
quarters  of  an  inch  in  length. 

2Jt6.  Notice  to  Purchaser. 

Sec.  4.  It  shall  be  unlawful  to  sell  or  offer  for  sale  any  imitation  butter 
without  informing  the  purchaser  thereof,  or  the  person  or  persons  to  whom 
the  same  is  offered  for  sale,  that  the  substance  sold  or  offered  for  sale  is 
imitation  butter. 

S47.  Shipment,  Marking. 

Sec.  5.  No  person,  by  himself  or  others,  shall  ship,  consign  or  forward 
by  any  common  carrier,  whether  public  or  private,  any  substance  designed 
to  be  used  as  a  substitute  for  butter  unless  it  shall  be  marked  or  branded 
on  each  tub,  box,  firkin  or  jar,  or  other  package  containing  the  same,  as 
provided  in  this  Act,  and  unless  it  be  consigned  by  the  carriers  and  receipted 
for  by  its  true  name:  Provided,  that  this  Act  shall  not  apply  to  any  goods 
in  transit  between  foreign  states  across  the  State  of  Illinois. 

248.  Unmarked  Package,  Possession. 

Sec.  6.  No  person  shall  have  in  his  possession  or  under  his  control  any 
substance  designed  to  be  used  as  a  substitute  for  butter,  unless  the  tub, 
firkin,  jar,  box  or  other  package  containing  the  same  be  clearly  and  durably 
marked,  as  provided  in  this  Act:  Provided,  that  this  section  shall  not  be 
deemed  to  apply  to  persons  who  have  the  same  in  their  possession  for  the 
actual  consumption  of  themselves  [or]  their  families.  Every  person  who 
shall  have  possession  or  control  of  any  imitation  butter  for  the  purpose  of 
selling  the  same,  which  is  not  marked  as  required  by  the  provisions  of  this 
Act,  shall  be  presumed  to  have  known  during  the  time  of  such  possession  or 
control  the  true  character  and  name,  as  fixed  by  this  Act,  of  such  product. 

249.  Unmarked  Sutstance,  Intention. 

Sec.  7.  Whoever  shall  have  possession  or  control  of  any  imitation  butter 
or  any  substance  designed  to  be  used  as  a  substitute  for  butter,  contrary 
to  the  provisions  of  this  Act,  for  the  purpose  of  selling  the  same,  or  offering 
the  same  for  sale,  shall  be  held  to  have  possession  of  such  property  with 
intent  to  use  it  in  violation  of  this  Act. 

250.  Actions,  Parties. 

Sec.  8.  No  action  shall  be  maintained  on  account  of  any  sale  or  contract 
made  in  violation  of,  or  with  intent  to  violate,  this  Act,  by  or  through  any 
person  who  was  knowingly  a  party  to  such  wrongful  sale  or  contract. 

251.  Removing  Marks. 

Sec.  9.  Whoever  shall  deface,  erase  or  remove  any  mark  provided  by 
this  Act,  with  intent  to  mislead,  deceive,  or  to  violate  any  of  the  provisions 
of  this  Act,  shall  be  guilty  of  a  misdemeanor. 

252.  Penalty,  Prosecutions. 

Sec.  10.  Whoever  shall  violate  any  of  the  provisions  of  this  Act  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  to  exceed  sixty  days  for  each 


79 

offense,  or  by  both  fine  and  imprisonment,  in  the  discretion  of  the  court,  or 
the  fine  alone  may  be  sued  for  and  recovered  before  any  justice  of  the  peace 
in  the  county  where  tlie  offense  shall  be  committed,  at  the  instance  of  any 
person  in  the  name  of  the  People  of  the  State  of  Illinois  as  plaintiff." 

Sec.  11.  It  is  hereby  made  the  duty  of  the  State's  attorney  of  each 
county  in  this  State  to  prosecute  all  violations  of  this  Act  upon  complaint  of 
any  person,  and  there  shall  be  taxed  as  his  fees  in  the  case  the  sum  of  ten 
dollars  ($10),  which  shall  be  taxed  as  costs  in  the  case. 

Ax  Act  relating  to  the  manufacture  of  butterine  and  ice  cream.    Approved 
June  3,  1907,  in  force  July  1,  1907.     L.  1907,  p.  309. 

253.  Butterine  and  Ice  Cream  Factories,  Drainage,  Air  Shafts,  Etc. 

Section  1.  Be  it  enacted  dy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  all  buildings  or  rooms  occupied  by 
butterine  and  ice  cream  manufacturers  shall  be  drained  and  plumbed  in  a 
manner  conducive  to  the  proper  and  healthful  sanitary  condition  thereof, 
and  shall  be  constructed  with  air  shafts,  windows  and  ventilating  pipes 
sufficient  to  insure  ventilation.  The  factory  inspector  shall  direct  the 
proper  drainage,  plumbing  and  ventilation  of  such  rooms  or  buildings.  No 
cellar  or  basement  now  used  for  the  manufacture  of  butterine  or  ice  cream 
shall  be  so  occupied  or  used  unless  the  proprietor  shall  comply  with  the 
sanitary  provisions  of  this  Act. 

25.'i.  Furniture  and  Utensils,  Storage. 

Sec.  2.  Every  room  used  for  the  manufacture  of  butterine  and  ice  cream 
shall  be  at  least  eight  feet  in  height,  and  shall  have,  if  deemed  necessary  by 
the  factory  inspector,  an  impermeable  floor,  constructed  of  cement,  or  of  tiles 
laid  in  cement,  or  an  additional  flooring  of  wood,  properly  saturated  with 
linseed  oil.  The  side  walls  of  such  room  shall  be  plastered  and  wainscoted. 
The  factory  inspector  may  require  the  side  walls  and  ceiling  to  be  white- 
washed at  least  once  in  three  months.  He  may  also  require  the  woodwork 
of  such  walls  to  be  painted.  The  furniture  and  utensils  shall  be  so  arranged 
as  to  be  readily  cleansed,  and  not  prevent  the  proper'  cleaning  of  any  part 
of  the  room.  The  manufactured  butterine  and  ice  cream  shall  be  kept  in 
dry  and  airy  rooms,  so  arranged  that  the  floors,  shelves  and  all  other  facili- 
ties for  storing  the  same  can  be  properly  cleaned.  No  domestic  animal  shall 
be  allowed  to  remain  in  a  room  where  butterine  or  ice  cream  is  manufactured 
or  stored,  and  no  water  closets  or  ash  pit  shall  be  within  or  connected  with 
the  rooms  used  in  the  manufacture  of  butterine  or  ice  cream. 

255.  Inspection,  Certificate. 

Sec.  3.  The  State  Factory  Inspector  shall  cause  such  manufactories  to 
be  inspected.  If  it  be  found,  upon  such  inspection,  that  the  manufactories  so 
Inspected  are  constructed  and  conducted  in  compliance  with  the  provisions 
of  this  Act,  the  factory  inspector  shall  issue  a  certificate  to  the  persons  own- 
ing or  conducting  such  manufactories. 

256.  Alterations,  Notice. 

Sec.  4.  If,  in  the  opinion  of  the  State  Factory  Inspector,  alterations  are 
required  in  or  upon  premises  occupied  and  used  as  butterine  and  ice  cream 
manufactories,  in  order  to  comply  with  the  provisions  of  this  Act,  a  written 
notice  shall  be  served  by  him  upon  the  owner,  agent,  or  lessee  of  such 
premises,  either  personally  or  by  mail,  requiring  such  alterations  to  be  made 
within  sixty  days  after  such  service,  and  such  alterations  shall  be  made 
accordingly. 

257.  Penalties. 

S'EC.  5.  Any  person  who  violates  any  of  the  provisions  of  this  Act,  or 
refuses  to  comply  with  any  of  the  requirements  as  provided  herein,  of  the 
factory  inspector  or  his  deputy,  who  are  hereby  charged  with  the  enforce- 


^*  Prosecutions  under  this  act  are  not  de-        pari    materia.      People    v.    Anderson    Tea    Co. 
pendent   upon   a    compliance   with   section    4    of         (1913),    173   111,    App.    124,   126. 
the  Pure  Food  Law ;  the  two  acts  not  being  in 


80 

ment  of  this  Act,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  ishall 
be  punished  by  a  fine  of  not  less  than  fifty  dollars,  ($50.00)  nor  more  than 
two  hundred  dollars  ($200.00),  nor  more  than  five  hundred  dollars  ($500.00) 
for  the  second  offense,  or  imprisonment  for  not  more  than  thirty  days,  and 
for  a  third  offense  by  a  fine  not  less  than  five  hundred  dollars  ($500.00)  nor 
more  than  sixty  (60)   days'  imprisonment,  or  both. 

An  Act  to  prevent  frauds  in  the  coloring  of  grain.    Approved  May  25,  in 
force  July  1,  1887.     Laws  1887,  p.  91. 

258.  Grain,  Coloring. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  That  no  person  shall  subject,  or  cause  to 
be  subjected,  any  barley,  wheat  or  other  grain,  to  fumigation,  by  sulphur,  or 
other  material,  or  to  any  chemical  or  coloring  process,  whereby  the  color, 
quality  or  germ  of  such  grain  is  affected. 

259.  Colored  Grain,  Sale. 

Sec.  2.  No  person  shall  offer  for  sale,  or  procure  to  be  sold,  any  barley, 
wheat,  or  other  grain,  which  shall  have  been  subjected  to  such  fumigation, 
or  other  process,  as  provided  in  section  one  (1)  of  this  Act,  knowing  such 
barley,  wheat,  or  other  grain  to  have  been  so  subjected. 

260.  Violation,  Penalty. 

Sec.  3.  Any  person  violating  the  provisions  of  this  Act,  shall,  upon  con- 
viction, be  punished  by  fine  of  not  less  than  one  hundred  ($100)  dollars,  nor 
more  than  one  thousand  ($1,000)  dollars,  and  imprisonment  not  exceeding 
three  months  in  the  county  jail,  and  shall  also  be  liable  for  all  damages  sus- 
tained by  any  person  injured  by  such  violation. 

261.  Prosecution,  Jurisdiction,  Fines. 

Sec.  4.  Any  court  of  record  shall  have  jurisdiction  over  this  Act,  and 
all  fines  under  this  Act,  shall  be  collected  as  the  statute  provides  in  other 
criminal  cases. 

An  Act  to  protect  the  public  from  imposition  in  relation  to  canned  or  pre- 
served food.  Approved  June  27,  in  force  July  1,  1885.  Laws  1885,  p. 
207. 

262.  Canned  Goods,  Labeling,  Packer  Defined. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  it  shall  hereafter  be  unlawful  in  this 
State  for  any  packer  or  dealer  in  preserved  or  canned  fruits  and  vegetables 
or  other  articles  of  food  to  offer  such  canned  articles  for  sale  after  January 
1,  1886,  with  the  exception  of  goods  brought  from  foreign  countries,  or  packed 
prior  to  the  passage  of  this  Act,  unless  such  articles  bear  a  mark  to  indicate 
the  grade  or  quality,  together  with  the  name  and  address  of  such  firm, 
person  or  corporation  that  pack  the  same  or  dealer  who  sells  the  same. 
The  firm,  person  or  corporation  labeling  such  goods  shall  be  considered  the 
packer  or  packers. 

263.  Soaked  Goods,  Branding. 

Sec.  2.  That  all  soaked  goods  put  up  from  products  dried  before  canning 
shall  be  plainly  branded  on  the  face  of  the  label,  in  letters  not  less  than 
one-half  inch  high  and  three-eights  inch  wide  of  solid  and  legible  type  the 
word  "soaked." 
264-  Violation,  Penalty. 

Sec.  3.  Any  person,  firm  or  corporation,  who  shall  falsely  stamp  or  label 
such  cans  or  jars  containing  preserved  fruit  or  food  of  any  kind,  or  know- 
ingly permit  such  false  stamping  or  labeling,  and  any  person,  firm  or  cor- 
poration who  shall  violate  any  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  with  a  fine  of  not  less  than  fifty 
dollars  ($50),  in  the  case  of  vendors,  and  in  the  case  of  manufacturers  and 
those  falsely  or  fraudulently  stamping  or  labeling  such  cans  or  jars  a  fine 
of  not  less  than  five  hundred  dollars   ($500)   nor  more  than  one  thousand 


81 

dollars  (31,000),  and  it  shall  be  the  duty  of  any  board  of  health  in  this 
State  cognizant  of  any  violation  of  this  Act  to  prosecute  any  person,  firm  or 
corporation,  which  it  has  reason  to  believe  has  violated  any  of  the  provisions 
of  this  Act,  and  after  deducting  the  costs  of  the  trial  and  conviction,  to 
retain  for  the  use  of  such  board  the  balance  of  the  fine  or  fines  recovered. 

"°An  Act  to  regulate  the  sale  of  veal.  Approved  June  16,  1887,  in  force  July  1, 

1887.     L.  1887,  p.  307. 

265.  Calves  under  Four  Weeks  Old,  Penalty. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  if  any  person  kills,  or  causes  to  be 
killed,  for  the  purposes  of  sale,  any  immature  calf  or  any  calf  less  than 
four  weeks  old,  or  knowingly  sells,  or  has  in  his  possession  with  intent  to 
sell,  for  food,  the  meat  of  any  immature  calf,  or  any  calf  killed  when  less 
than  four  weeks  old,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  nor  more 
than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  thirty 
days,  or  by  both  fine  and  imprisonment;  and  all  such  meat  exposed  for  sale, 
or  kept  with  intent  to  sell,  may  be  seized  and  destroyed  by  any  health  officer, 
or  any  sheriff:,  or  deputy  sheriff,  constable  or  police  officer. 

An  Act  to  provide  for  the  inspection  of  any  animal  intended  for  hwman  food, 
appearing  to  be  diseased,  and  for  the  disposition  of  the  carcass.  Filed 
May  27,  1907,  in  force  July  1,  1907.     L.  1907,  p.  7. 

266.  Animal  Inspection. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  for  the  purpose  of  preventing  the  use 
of  meat  or  meat  food  products  for  human  food  which  are  unsound,  unhealth- 
ful,  unwholesome  or  otherwise  unfit  for  human  food,  the  Board  of  Live  Stock 
Commissioners  may,  at  their  discretion,  make  or  cause  to  be  made,  by  the 
State  veterinarian,  or  his  assistants,  or  any  duly  authorized  live  stock  in- 
spector in  the  employ  of  the  State  of  Illinois,  an  examination  of  any  animal 
intended  for  human  food  which  he  or  they  believe  is  afflicted  with  any  con- 
tagious or  infectious  disease,  or  any  disease  or  ailment  which  would  render 
the  carcass  of  said  animal  unfit  for  human  food. 

267.  Killing  of  Diseased  Animals,  Disposition. 

Sec.  2.  In  event  any  animal  shall  be  inspected  by  any  person  herein 
authorized  to  make  said  inspection,  and  in  his  judgment  found  to  be  afflicted 
with  any  disease  or  ailment  which  would  render  said  animal  unfit  for  human 
food,  it  shall  be  the  duty  of  the  person  making  said  examination  to  forthwith 
take  possession  or  control  of  said  animal,  and  notify  the  owner  or  person 
or  corporation  in  control  or  possession  of  such  animal  that  such  animal  is 
unfit  for  human  food;  whereupon  said  animal  shall  immediately  be  killed 
and  the  carcass  examined  by  some  person  or  persons  authorized  to  make 
inspection  of  such  animals.  If,  upon  examination  of  the  carcass,  it  shall 
appear  to  the  examiner  that  the  same  is  suitable  for  human  food,  he  shall 
allow  the  person  or  corporation  from  whom  said  animal  was  taken  to 
make  disposition  of  the  carca«?  or  such  examiner  shall  cause  the  same 
to  be  sold;  but  if  in  the  opinion  of  such  inspector  any  such  carcass  is  un- 
wholesome or  unfit  for  human  food,  then  the  same  shall  be,  by  him,  stamped, 
marked,  tagged  or  labeled  "inspected  and  condemned,"  and  every  such 
condemned  carcass  shall  be  destroyed  for  the  purposes  of  human  food  and 
such  examiner  shall  cause  the  offal  thereof  to  be  sold :  Provided,  that  if  such 
carcass  shall  be  disposed  of  for  food  purposes  by  such  inspector  and  the  offal, 
sold,  the  proceeds  thereof  shall  be  accounted  for  as  the  Board  of  Live  Stock 
Commissioners  may  provide. 


^  The  three  acts  following  may  also  be 
found  in  the  Pamphlet  of  Laws  compiled  for 
the  Department  of  Agriculture. 

— 6DPH 


82 

268.  Penalty. 

Sec.  3.  Any  person,  firm  or  corporation  who  shall,  in  any  manner,  fail, 
neglect  or  refuse  to  comply  with  any  provision  in  this  Act  contained,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  ($100.00),  nor  more  than  five 
hundred  dollars  ($500.00),  or  confined  in  the  county  jail  not  exceeding  one 
year,  or  both. 

An  Act  to  regulate  cold  storage  of  certain  articles  of  food.      Filed  June  28, 
in  force  July  1,  1917.     L.  1917,  p.  648. 

269.  Cold  Storage,  Terms  Defined. 

Section  1.  Be  it  \enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  For  the  purpose  of  this  Act,  "cold  storage" 
shall  mean  the  storage  or  keeping  of  articles  of  food  at  or  below  a  tempera- 
ture above  zero  of  45  degrees  Fahrenheit  in  a  cold  storage  warehouse;  "cold 
storage  warehouse"  shall  mean  any  place  artificially  cooled  to  or  below  a 
temperature  above  zero  of  45  degrees  Fahrenheit,  in  which  articles  of  food 
are  placed  and  held  for  thirty  days  or  more;  "article  of  food"  shall  mean 
fresh  meat  and  fresh  meat  products  and  all  fish,  game,  poultry,  eggs  and 
butter. 

270.  License  Fee. 

Sec.  2.  No  person,  firm  or  corporation  shall  maintain  or  operate  a  cold 
storage  warehouse  without  a  license  so  to  do  issued  by  the  Department  of 
Agriculture.  Any  person,  firm  or  corporation  desiring  such  a  license  shall 
make  written  application  to  the  Department  of  Agriculture  for  that  purpose, 
stating  the  location  of  the  warehouse.  The  Department  of  Agriculture 
thereupon  shall  cause  an  examination  to  be  made  of  said  warehouse  and,  if 
it  be  found  by  him  to  be  in  a  proper  sanitary  condition  and  otherwise  prop- 
e]:ly  equipped  for  its  intended  use,  he  shall  issue  a  license  authorizing  the 
applicant  to  operate  the  same  as  a  cold  storage  warehouse  during  one  year. 
The  license  shall  be  issued  upon  payment  of  (by)  the  applicant  of  a  license 
fee  of  $25.00  per  annum  to  the  Department  of  Agriculture. 

271.  Unsanitary  Condition. 

Sec.  3.  In  case  any  cold  storage  warehouse,  or  any  part  thereof,  shall  at 
any  time  be  deemed  by  the  Department  of  Agriculture,  to  be  in  an  unsani- 
tary condition,  or  not  properly  equipped  for  its  intended  use,  he  (it)  shall 
notify  the  licensee  of  such  condition  and  upon  the  failure  of  the  licensee  to 
put  such  cold  storage  warehouse  in  a  sanitary  condition  or  to  properly  equip 
the  same  for  its  intended  use,  within  a  time  to  be  designated  by  the  Depart- 
ment of  Agriculture,  he  (it)  shall  revoke  such  license. 

272.  Record,  Reports. 

Sec.  4.  Every  such  licensee  shall  keep  accurate  records  of  the  articles 
of  food  received  in  and  of  the  articles  of  food  withdrawn  from  his  cold 
storage  warehouse,  and  the  Department  of  Agriculture  shall  have  free  access 
to  such  records  at  any  time.  Every  such  licensee  shall  submit  a  monthly 
report  to  the  Department  of  Agriculture,  setting  forth  in  itemized  particulars 
the  quantities  and  kinds  of  articles  of  food  in  his  cold  storage  warehouse. 
Such  monthly  reports  shall  be  filed  on  or  before  the  fifth  day  of  each  month, 
and  the  reports  so  rendered  shall  show  the  conditions  existing  on  the  last 
day  of  the  preceding  month  reported  and  a  summary  of  such  reports  shall 
be  prepared  by  the  Department  of  Agriculture  and  shall  be  open  to  public 
inspection  on  or  before  the  tenth  day  of  each  month. 

273.  Inspection  and  Supervision. 

Sec.  5.  The  Department  of  Agriculture  shall  inspect  and  supervise  all 
cold  storage  warehouses  and  make  such  inspection  of  articles  of  food  therein 
as  he  (it)  may  deem  necessary  to  secure  the  proper  enforcement  of  this  Act, 
and  he  (it)  shall  have  access  to  all  cold  storage  warehouses  at  all  reason- 
able times.  The  Department  of  Agriculture  may  appoint  such  persons  as  he 
(it)  deems  qualified  to  make  any  inspection  under  this  Act. 


83 

274.  Storing  Food  A7-ticles. 

Sec.  6.  No  article  of  food  intended  for  human  consumption  shall  be 
placed,  knowingly,  received  or  kept  in  any  cold  storage  warehouse,  if  dis- 
eased, tainted,  otherwise  unfit  for  human  consumption,  or  in  such  condition 
that  it  will  not  keep  wholesome  for  human  consumption.  No  article  of  food, 
for  use  other  than  for  human  consumption,  shall  be  placed,  received  or  kept 
in  any  cold  storage  warehouse  unless  previously  marked,  in  accordance  with 
forms  to  be  prescribed  by  the  Department  of  Agriculture,  in  such  a  way  as 
to  indicate  plainly  the  fact  that  such  article  of  food  is  not  to  be  sold  or  used 
for  human  food. 

275.  Labeling  Food  Articles,  Evidence. 

Sec.  7.  No  person,  firm  or  corporation  shall  place,  receive  or  keep  in 
any  cold  storage  warehouse  in  this  State  articles  of  food  unless  the  same 
shall  be  plainly  marked,  stamped  or  tagged,  either  upon  the  container  in 
which  they  are  packed,  or  upon  the  article  of  food  itself,  with  the  date  when 
placed  therein;  and  no  person,  firm  or  corporation  shall  remove,  or  allow 
to  be  removed,  such  article  of  food  from  any  cold  storage  warehouse  unless 
the  same  shall  be  plainly  marked,  stamped  or  tagged,  either  on  the  container 
in  which  it  is  enclosed  or  upon  the  article  of  food  itself,  with  the  date  of 
such  removal,  and  such  marks,  stamps  and  tags  shall  be  prima  facie  evi- 
dence of  such  receipt  and  removal  and  of  the  dates  thereof.  All  articles  of 
food  in  any  cold  storage  warehouse  at  the  time  this  Act  goes  into  effect  shall, 
before  being  removed  therefrom,  be  plainly  marked,  stamped  or  tagged  with 
the  date  when  this  Act  goes  into  effect  and  the  date  of  removal  therefrom. 

276.  Storing  Food  Articles,  Biiration,  Removal. 

Sec.  8.  No  person,  firm  or  corporation  shall  hereafter  keep  or  permit  to 
remain  in  any  cold  storage  warehouse  any  article  of  food  which  has  been 
held  in  cold  storage  either  within  or  without  the  S-tate,  for  a  longer  aggre- 
gate period  than  twelve  months,  except  with  the  approval  of  the  Director  of 
the  Department  of  Agriculture  as  hereinafter  provided.  The  Director  of  the 
Department  of  Agriculture  may,  from  time  to  time,  upon  application  in 
writing,  extend  the  period  of  storage  beyond  twelve  months  for  any  par- 
ticular article  of  food,  provided  the  same  is  found  upon  examination  by  the 
Department  of  Agriculture  to  be  in  wholesome  condition  for  further  cold 
storage.  The  length  of  time  for  which  such  further  storage  is  allowed  shall 
be  specified  in  the  order  granting  the  extension.  A  report  on  each  case  in 
which  such  extension  of  storage  may  be  permitted,  including  information 
relating  to  the  reason  for  the  action  of  the  said  director,  the  kinds  and 
amounts  of  the  articles  of  food  for  which  the  storage  period  was  extended, 
and  length  of  time  for  which  this  extension  was  granted,  shall  be  filed,  open 
to  public  inspection,  in  the  office  of  said  director. 

The  Director  of  Agriculture  shall  have  power  to  order  any  article  of 
food  held  in  cold  storage  to  be  removed  therefrom  before  the  expiration  of 
the  first  period  of  twelve  months  or  before  the  expiration  of  any  period  of 
extension  granted  by  him  for  any  of  the  following  reasons: 

(1)  That  the  storage  of  the  article  of  food  beyond  the  time  fixed  by  the 
Director  of  the  Department  of  Agriculture  in  his  order  of  removal  will  render 
such  article  of  food  unwholesome; 

(2)  That  the  person,  firm  or  corporation  storing  such  article  of  food  has 
entered  into  a  contract,  agreement  or  understanding  for  the  purpose  or  with 
the  intent  of  fictitiously  increasing  the  price  of  such  article  of  food; 

(3)  That  the  storage  of  such  article  of  food  is  for  the  purpose  or  with 
the  intent  of  fictitiously  increasing  the  price  thereof; 

(4)  That  the  storage  of  such  article  of  food  tends  to  create  a  monopoly; 

(5)  That  the  storage  of  such  article  of  food  tends  to  restrain  or  prevent 
competition  in  thid  State  in  the  supply  or  price  of  such  article. 

Before  such  article  of  food  shall  be  ordered  removed  from  storage,  the 
Director  of  Agriculture  shall  give  at  least  five  days'  notice  in  writing  of  his 
intention  to  make  such  order,  and  shall  accord  the  person,  firm  or  corpora- 
tion receiving  such  notice  a  full  hearing  thereon. 


84 

277.  Sale. 

Sec.  9.  It  shall  be  unlawful  to  sell,  or  to  offer  for  sale,  any  article  of 
food  which  has  been  held  for  a  period  of  thirty  days  or  over  in  cold  storage 
either  within  or  without  the  State,  without  notifying  persons  purchasing,  or 
intending  to  purchase,  the  same,  that  it  has  been  so  held,  by  the  display  of  a 
placard  plainly  and  conspicuously  marked,  "Cold  Storage  Goods,"  on  the  bulk 
mass  or  articles  of  food;  and  it  shall  be  unlawful  to  represent  or  advertise 
as  fresh  any  article  of  food  which  has  been  held  in  cold  storage  for  a  period 
of  thirty  days  or  over. 

278.  Returned  Goods,  Etc. 

Sec.  10.  It  shall  be  unlawful  to  return  to  any  cold  storage  warehouse  any 
article  of  food  which  has  been  once  released  from  storage  for  the  purpose  of 
placing  it  on  the  market  for  sale.  It  shall  be  unlawful  to  transfer  any  article 
of  food  from  one  cold  storage  warehouse  to  another  if  such  transfer  is  made 
for  the  purpose  of  avoiding  any  provision  of  this  Act,  and  such  transfer 
shall  be  unlawful  unless  all  prior  stampings,  markings  and  taggings  upon 
such  article  shall  remain  thereon. 

279.  Rules  and  Regulations. 

Sec.  11.  The  Department  of  Agriculture  may  make  all  necessary  rules 
and  regulations  to  carry  this  Act  into  effect.  Such  rules  shall  be  filed  in  the 
director's  office,  and  shall  not  take  effect  until  five  (5)  days  after  such  filing. 

280.  Penalty. 

Sec.  12.  Any  person,  firm  or  corporation  violating  any  provision  of  this 
Act  shall  be  guilty  of  a  misdemeanor  and  shall  upon  conviction  be  punished 
for  the  first  offense  by  a  fine  not  exceeding  one  hundred  ($100)  and  for  the 
second  or  any  subsequent  offense  by  a  fine  not  exceeding  five  hundred  ($500) 
or  by  imprisonment  of  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

281.  Construction  of  Act. 

Sec.  13.  This  Act  shall  be  so  interpreted  and  construed  as  to  effect  its 
general  purpose  to  make  uniform  the  law  of  those  states  which  enact  it. 

282.  Short  Title. 

Sec  14.  This  Act  may  be  cited  as  the  Uniform  Cold  Storage  Act. 

283.  Repeal. 

Sec.  15.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act  hereby 
repealed. 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence.     Approved 
March  21,  in  force  July  1,  I8I4. 

284-  Bread  and  Candy,  Adulteration,  Penalty. 

Sec  7.  "Whoever  fraudulently  adulterates,  for  the  purpose  of  sale,  bread 
or  any  other  substance  intended  for  food,  or  any  candy  or  confection,  with 
any  substance  which  is  poisonous  or  injurious  to  health,  and  whoever  sells 
or  offers  or  keeps  for  sale  any  adulterated  bread  or  other  substance  intended 
for  food,  or  candy  or  confection,  knowing  the  same  to  be  so  adulterated,  or 
shall  sell  or  offer  to  sell  or  keeps  for  sale  any  fiesh  of  any  diseased  animal 
or  other  corrupt  or  unwholesome  provision,  shall  be  confined  in  the  county 
jail  not  exceeding  one  year,  or  be  fined  not  exceeding  $1,000,  or  both,  in  the 
discretion  of  the  court. 

28-5.  Liquor.  Adulteration,  Penalty. 

Sec  8.  Whoever  adulterates,  for  the  purpose  of  sale,  any  liquor  used  or 
intended  for  drink,  with  cocculus-indicus,  vitriol,  grains  of  paradise,  opium, 
alum,  capsicum,  copperas,  laurel  water,  logwood,  Brazil  wood,  cochineal, 
sugar  of  lead,  or  any  other  substance  which  is  poisonous  or  injurious  to 
health;  and  whoever  sells  or  offers  or  keeps  for  sale  any  such  liquor  so  adul- 
terated, shall  be  confined  in  the  county  jail  not  exceeding  one  year,  or  fined 
not  exceeding  $1,000,  or  both. 


85 

An  Act  to  prevent  the  adulteration  of  "butter  and  cheese,  or  the  sale  or  dis- 
posal of  the  same,  or  the  manufacture  or  sale  of  any  article  as  a 
substitute  for  butter  or  cheese,  or  any  article  to  be  used  as  butter  and 
cheese.    Approved  June  1,  in  force  July  1,  1881.  Laws  1881,  p.  IJ,. 

286.  Butter  and  Cheese,  Manufacture,  Adulteration,  Penalty. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  whoever  manufactures  out  of  any- 
oleaginous  substances,  or  any  compound  of  the  same  other  than  that  pro- 
duced from  unadulterated  milk  or  cream  from  the  same,  any  article  designed 
to  take  the  place  of  butter  or  cheese  produced  from  pure  unadulterated  milk 
or  cream  of  the  same,  and  shall  sell  or  offer  for  sale  the  same  as  butter  or 
cheese,  or  give  to  any  person  the  same  as  an  article  of  food,  as  butter  or 
cheese,  shall,  on  conviction  thereof,  be  fined  not  less  than  twenty-five  dollars 
($25),  nor  more  than  two  hundred  dollars   ($200). 

287.  Repeal. 

Sec.  2.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act,  are  hereby 
repealed. 

An  Act  to  prevent  and  punish  the  adulteration  of  articles  of  food,  drink 
and  medicine  and  the  sale  thereof  tvhen  adulterated.  Approved  June  1, 
in  force  July  1,  1881.  Laws  1881,  p.  15. 

288.  Foods,  Use  of  Injurious  Substance. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  no  person  shall  mix,  color,  stain  or 
powder,  or  order  or  permit  any  other  person  in  his  or  h'er  employ,  to  mix, 
color,  stain  or  powder  any  article  of  food  with  any  ingredient  or  material,  so 
as  to  render  the  article  injurious  to  health,  or  depreciate  the  value  thereof, 
with  intent  that  the  same  may  be  sold;  and  no  person  shall  sell  or  offer  for 
sale  any  such  article  so  mixed,  colored,  stained  or  powdered. 

289.  Drug  or  Medicine,  Use  of  Injurious  Substance. 

Sec.  2.  No  person  shall,  except  for  the  purpose  of  compounding  in  the 
necessary  preparation  of  medicine,  mix,  color,  stain  or  powder,  or  order  or 
permit  any  other  person  to  mix,  color,  stain  or  powder  any  drug  or  medicine 
with  any  ingredient  or  material,  so  as  to  affect  injuriously  the  quality  or 
potency  of  such  drug  or  medicine,  with  intent  to  sell  the  same,  or  shall 
sell  or  offer  for  sale  any  such  drug  or  medicine  so  mixed,  colored,  stained 
or  powdered. 

290.  Food,  Drink  or  Medicine,  Stamping  or  Labeling. 

Sec.  3.  No  person  shall  mix,  color,  stain  or  powder  any  article  of  food, 
drink  or  medicine,  or  any  article  which  enters  into  the  composition  of  food, 
drink  or  medicine,  with  any  other  ingredient  or  material,  whether  injurious 
to  health  or  not,  for  the  purpose  of  gain  or  profit,  or  sell,  or  offer  the  same 
for  sale,  or  order  or  permit  any  other  person  to  sell  or  offer  for  sale  any 
article  so  mixed,  colored,  stained  or  powdered,  unless  the  same  be  so  manu- 
factured, used  or  sold  or  offered  for  sale  under  its  true  and  appropriate 
name,  and  notice  that  the  same  is  mixed  or  impure  is  marked,  printed  or 
stamped  upon  each  package,  roll,  parcel  or  vessel  containing  the  same,  so 
as  to  be  and  remain  at  all  times  readily  visible,  or  unless  the  person  pur- 
chasing the  same'  is  fully  informed  by  the  seller  of  the  true  name  and  in- 
gredients (if  other  than  such  as  are  known  by  the  common  name  thereof) 
of  such  article  of  food,  drink  or  medicine,  at  the  time  of  making  sale  thereof 
or  offering  to  sell  the  same. 

291.  Butter  and  Cheese,  Foreign  Substance,  Stamping  or  Labeling. 

Sec.  4.  No  person  shall  mix  oleomargarine,  suine,  butterine,  beef-fat,  lard, 
or  any  other  foreign  substance  with  any  butter  or  cheese  intended  for  human 
food,  without  distinctly  marking,  stamping  or  labeling  the  article,  or  the 
package  containing  the  same,  with  the  true  and  appropriate  name  of  such 
article,  and  the  percentage  in  which  such  oleomargarine   or  suine,   entera 


86 

into  its  composition;  nor  shall  any  person  sell  or  offer  for  sale,  or  order,  or 
permit  to  be  sold,  or  offered  for  sale,  any  such  article  of  food  into  the  com- 
position of  which  oleomargarine,  or  suine  has  entered,  without  at  the  same 
time  informing  the  buyer  of  the  fact  and  the  proportions  in  which  such 
oleomargarine,  suine,  or  butterine,  beef-fat,  lard,  or  any  other  foreign  sub- 
stance has  entered  into  its  composition:  Provided,  that  nothing  in  this 
Act  shall  be  so  construed  as  to  prevent  the  use  of  harmless  coloring  matter 
In  butter  and  cheese  or  other  articles  of  food. 

292.  Violation,  Penalty. 

Sec.  5.  Any  person  convicted  of  violating  any  provision  of  any  of  the 
foregoing  sections  of  this  Act,  shall,  for  the  first  offense,  be  fined  not  less 
than  twenty-five  dollars  ($25),  nor  more  than  two  hundred  dollars  ($200); 
for  the  second  offense  he  shall  be  fined  not  less  than  one  hundred  dollars 
($100),  nor  more  than  two  hundred  dollars  ($200),  or  confined  in  the  county 
jail  not  less  than  one  month,  nor  more  than  six  months,  or  both,  at  the 
discretion  of  the  court;  and  for  the  third  and  all  subsequent  offenses,  he 
shall  be  fined  not  less  than  five  hundred  dollars  ($500)  nor  more  than  two 
thousand  dollars  ($2,000),  and  imprisoned  in  the  penitentiary  not  less  *than 
one  year,  nor  more  than  five  years. 

293.  Defenses. 

Sec.  6.  No  person  shall  be  convicted  under  any  of  the  foregoing  sections 
of  this  Act,  if  he  shows  to  the  satisfaction  of  the  court  or  jury  that  he  did 
not  know  that  he  was  violating  any  of  the  provisions  of  this  Act,  and  that 
he  could  not,  with  reasonable  diligence,  have  obtained  the  knowledge. 

294-  Prosecxition,  State's  Attorney's  Duty. 

Sec.  7.  The  State's  attorneys  of  this  State  are  charged  with  the  enforce- 
ment of  this  Act,  and  it  is  hereby  made  their  duty  to  appear  for  the  people, 
and  to  attend  to  the  prosecution  of  all  complaints  under  this  Act,  in  their 
respective  counties,  in  all  courts. 

295.  Repeal. 

S'EC.  8.  All  Acts  and  parts  of  Acts  inconsistent  with  the  provisions  of 
this  Act  are  hereby  repealed. 

Ax  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence.    Approved 
March  27,  in  force  July  1,  1874- 

296.  Drugs  or  Medicine,  Adulteration. 

Division  I,  Sec.  10.  Whoever  fraudulently  adulterates,  for  the  purpose 
of  sale,  any  drug  or  medicine,  or  sells  or  offers  or  keeps  for  sale  any  fraudu- 
lently adulterated  drug  or  medicine,  knowing  the  same  to  be  adulterated, 
shall  be  confined  in  the  county  jail  not  exceeding  one  year,  or  fined  not  ex- 
ceeding $1,000,  and  such  adulterated  drugs  and  medicines  shall  be  forfeited 
and  destroyed. 

Ax  Act  to  regulate  the  sale  of  milk,  and  to  provide  penalties  for  the  adultera- 
tion thereof.  Approved  May  29,  in  force  July  1,  1879.  Laws  1879,  p^ 
111. 

297.  Milk,  Adulteration,  Strippings,  Diseased  Cotes,  Penalty. 

Sectiox  1.  Be  it  enacted  dy  the  People  of  the  State' of  Illinois,  repre- 
sented in  the  General  AssewMy:  That  whoever  shall,  for  the  purpose  of  sale 
for  human  food,  adulterate  milk  with  water  or  any  foreign  substance,  or 
whoever  shall  knowingly  sell  for  human  food,  milk  from  which  cream  has 
been  taken,  without  the  purchaser  thereof  being  informed  or  knowing  the 
fact,  or  whoever  shall  knowingly  sell  for  human  food,  milk  from  which  what 
is  commonly  called  "strippings"  has  been  withheld,  without  the  purchaser 
thereof  being  informed  or  knowing  the  fact,  or  whoever  shall  knowingly 
sell  for  human  food  milk  drawn  from  a  diseased  cow,  knowing  her  to  be  so 
diseased  as  to  render  her  milk  unwholesome,  or  whoever  shall  knowingly 
sell  for  human  food  milk  so  tainted  or  corrupted  as  to  be  unwholesome,  or 


87 

whoever  shall  knowingly  supply,  or  bring  to  be  manufactured  into  any  sub- 
stance for  human  food,  to  any  cheese  or  butter  factory  or  creamery,  without 
all  interested  therein  knowing  or  being  informed  of  the  fact,  milk  which  is 
adulterated  with  water  or  any  foreign  substance,  or  milk  from  which  cream 
has  been  taken,  or  milk  from  which  what  is  commonly  called  "strippings" 
has  been  withheld,  or  milk  drawn  from  a  diseased  cow,  knowing  her  to  be  so 
diseased  as  to  injure  her  milk,  or  milk  so  tainted  or  corrupted  as  to  be  un- 
wholesome, or  whoever  shall  knowingly,  with  intent  to  defraud,  take  from 
milk  after  it  has  been  delivered  to  a  cheese  factory,  or  butter  factory,  or 
creamery,  to  be  manufactured  into  any  substance  for  human  food,  for  or 
on  account  of  the  person  supplying  the  milk  or  cream,  or  shall,  with  like 
intent,  knowingly  add  any  foreign  substance  to  the  milk  or  cream,  whereby 
it,  or  the  products  thereof,  shall  become  unwholesome  for  human  food,  shall 
be  guilty  of  a  misdemeanor,  and  for  each  and  every  such  misdemeanor  shall 
be  fined  not  less  than  twenty- five  (25)  nor  more  than  one  hundred  dollars 
($100),  or  confined  in  the  county  jail  not  exceeding  six  (6)  months,  or  both, 
in  the  discretion  of  the  court. 

298.  Milk  Adulteration,  Impure  Coio's  Food,  Penalty. 

Sec.  2.  Any  person  who  shall  adulterate  milk,  with  a  view  of  offering 
the  same  for  sale  or  exchange,  or  shall  keep  cows  for  the  production  of  milk 
for  market,  or  for  sale  or  exchange,  in  an  unhealthy  condition,  or  knowingly 
feed  the  same  on  food  that  produces  impure,  diseased,  or  unwholesome  milk, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars  ($50),  nor  more  than  two  hundred 
dollars  ($200),  for  each  and  every  offense. 

299.  Milk  Wagons  and  Cans,  Marking,  Penalty. 

Sec.  3.  Any  person  or  persons,  who  shall  in  any  of  the  cities  of  this 
State,  engage  in  or  carry  on  a  retail  business  in  the  sale,  exchange  of,  or  any 
retail  traffic  in  milk,  shall  have  each  and  every  can  in  which  the  milk  is 
carried  or  exposed  for  sale  or  exchange,  and  the  carriage  or  vehicle  from 
which  the  same  is  vended,  conspicuously  marked  with  his,  her,  or  their  name 
or  names,  also  indicating  by  said  mark  the  locality  from  which  said  milk 
is  obtained  or  produced,  and  for  every  neglect  of  such  marking,  the  person 
or  persons  so  neglecting,  shall  be  subject  to  the  penalties  expressed  in  sec- 
tion two  of  this  Act,  but  for  every  violation  of  this  Act,  by  so  marking  said 
cans,  carriage  or  vehicle,  as  to  convey  the  idea  that  said  milk  is  produced 
or  procured  from  a  different  locality  than  it  really  is,  the  person  or  persons 
so  offending,  shall  be  subject  to  a  fine  of  one  hundred  dollars  ($100). 

300.  Skimmed  Milk,  Marking,  Penalty. 

Sec.  4.  Any  person  who  shall,  in  any  of  the  cities  of  this  State,  offer  for 
sale  any  milk  from  which  the  cream  or  any  part  thereof  shall  have  been 
taken,  shall  offer  for  sale  and  sell  the  same  as  skimmed  milk,  and  not  other- 
wise, and  shall  have  each  can  or  vessel  in  which  such  milk  is  carried,  or 
exposed  for  sale,  plainly  and  conspicuously  marked  with  the  words,  "Skimmed 
Milk."  Any  person  violating  this  section  shall  be  subject  to  a  fine  not  ex- 
ceeding fifty  dollars  ($50)  for  each  and  every  violation. 

301.  Judgment,  Costs  and  Imprisonment. 

Sec.  5.  Upon  the  ijendition  of  judgment  imposing  a  fine  as  provided  in 
the  foregoing  sections,  it  shall  be  the  duty  of  the  justice  of  the  peace  or 
other  court  rendering  said  judgment,  also  to  render  a  judgment  for  the 
costs,  and  forthwith  to  issue  a  capias  or  warrant  of  commitment  against  the 
body  of  the  defendant,  commanding  that,  unless  the  said  fine  and  costs  be 
forthwith  paid,  the  defendant  shall  be  committed  to  the  jail  of  the  county, 
and  the  constable  or  other  officer  to  whose  hands  said  capias  or  warrant 
shall  come,  shall,  in  default  of  such  payment,  arrest  the  defendant  and 
commit  him  to  the  jail  of  the  county,  there  to  remain,  as  provided  by  sec- 
tion 308  of  "An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence," 
in  force  July  1,  1874;  unless  such  fine  and  costs  shall  sooner  be  paid. 


88 

302.  Milk  Adulterants  and  "SioilV  Defined. 

Sec.  6.  The  addition  of  water  or  any  foreign  substance  to  milk  or  cream 
intended  for  sale  or  exchange,  is  hereby  declared  an  adulteration.  Any 
milk  that  is  obtained  from  cows  fed  on  distillery  waste,  usually  called 
"swill,"  or  upon  any  substance  in  a  state  of  putrefaction,  is  hereby  declared 
to  be  impure,  and  unwholesome.  Nothing  in  this  Act  shall  be  construed 
to  prevent  the  addition  of  sugar  in  the  manufacture  of  condensed  or  pre- 
served milk. 

Ay  Act  to  -prevent  the  adulteration  of  vinegar,  and  to  prevent  fraud  and 
imposition  in  the  manufacture  and  sale  of  vinegar,  and  to  protect  the 
purchasers  thereof.  Approved  June  IJf,  in  force  July  1,  .1883.  Laivs 
1883,  p.  176. 

303.  Cider  Vinegar,  Manufacture,  Adulteration,  Penalty. 

Section  1.  Be  it  enacted  iy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assem.'bly:  That  every  person  who  shall  manufacture 
for  sale,  or  shall  offer  or  expose  for  sale,  as  cider  vinegar,  any  vinegar  not 
the  legitimate  product  of  pure  apple  juice,  known  as  apple  cider,  and  not 
made  exclusively  of  said  apple  cider,  shall,  for  each  such  offense,  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  dollars  ($25),  nor  more  than  fifty 
dollars  ($50). 

304.  Unwholesome  Vinegar  Defined,  Manufacture,  Penalty. 

Sec.  2.  Every  person  who  shall  manufacture  for  sale,  or  who  shall  offer 
or  expose  for  sale,  any  vinegar  found  upon  test  to  contain  any  preparation 
of  lead,  copper,  sulphuric  acid  or  other  ingredients  injurious  to  health,  shall, 
for  each  such  offense,  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  ($100). 

WATER  SUPPLY,  GARBAGE  AND  SEWAGE. 

Ax  Act  to  provide  for  the  incorporation  of  cities  and  villages.     Approved. 
April  10,  in  force  Jtily  1,  1872.     L.  1871-2,  p.  218. 

305.  Water  Works,  Etc.,  Construction,  Borrowing  Money,  Water-rates,  Fran- 

chise Ordinance,  PolUition  and  Waste. 
Article  X.  Section  1.  The  city  council  or  board  of  trustees  shall  have 
the  power  to  provide  for  a  supply  of  water  by  the  boring  and  sinking  of 
artesian  wells,  or  by  the  construction  and  regulation  of  wells,  pumps,  cis- 
terns, reservoirs  or  water  works,  and  to  borrow  money  therefor,  and  to 
authorize  any  person  or  private  corporation  to  construct  and  maintain  the 
same  at  such  rates  as  may  be  fixed  by  ordinance,  and  for  a  period  not  ex- 
ceeding thirty  years;  also  to  prevent  the  unnecessary  waste  of  water;  to 
prevent  the  pollution  of  the  water,  and  injuries  to  such  wells,  pumps,  cis 
terns,  reservoirs  or  water  works. 

306.  Territorial  Limits,  Condemnation,  Jurisdiction. 

Sec.  2.  For  the  purpose  of  establishing  or  supplying  water  works,  any 
city  or  village  may  go  beyond  its  territorial  limits,  and  may  take,  hold  and 
acquire  property  by  purchase  or  otherwise;  shall  have  power  to  take  and 
condemn  all  necessary  lands  or  property  therefor,  in  the  manner  provided 
for  the  taking  or  injuring  private  property  for  public  uses;  and  the  juris- 
diction of  the  city  or  village  to  prevent  or  punish  any  pollution  or  injury 
to  the  stream  or  source  of  water,  or  to  such  water  works,  shall  extend  five 
miles  beyond  its  corporate  limits,  or  so  far  as  such  water  works  may 
extend. 

307.  Rules  and  Regulations,  Water  Taxes,  Rates  and  Assessments,  General 

Tax. 
Sec.  3.  The  city  council  or  board  of  trustees  shall  have  power  to  make 
all  needful  rules  and  regulations  concerning  the  use  of  water  supplied  by 
the  water  works  of  said  city  or  village,  and  to  do  all  acts  and  make  such 
rules  and  regulations  for  the  construction,  completion,  management  or  con- 
trol of  the  water  works,  and  for  the  levying  and  collecting  of  any  water 


89 

taxes,  rates  or  assessments,  as  the  said  city  council  or  board  of  trustees  may 
deem  necessary  and  expedient;  and  such  water  taxes,  rents,  rates  or  assess- 
ments may  be  levied  or  assessed  upon  any  lot  or  parcel  of  ground,  having  a 
building  or  buildings  thereon,  which  shall  abut  or  join  any  street,  avenue 
or  alley  in  such  city  or  village  through  which  the  distributing  pipes  of  such 
water  works  (if  any)  of  said  city  or  village  are  or  may  be  laid,  which  can 
be  conveniently  supplied  with  water  from  said  pipes:  Provided,  (whether) 
the  water  shall  be  used  on  such  lot  or  parcel  of  ground  or  not;  and  the  same, 
when  so  levied  or  assessed,  shall  become  a  continuing  lien  or  charge  upon 
such  lot  or  parcel  of  ground,  building  or  buildings,  situated  thereon,  and 
such  lien  or  charge  may  be  collected  or  enforced  in  such  manner  as  the  city 
council  may,  by  ordinance,  prescribe.  And  the  corporate  authorities  may 
levy  a  general  tax  for  the  construction  and  maintenance  of  such  water 
works,  and  appropriate  money  therefor. 

A>;  Act  to  enable  cities,  incorporated  towns  and  villages  to  contract  for  a 
supply  of  water  for  2yublic  tise,  and  to  levy  and  collect  a  tax  to  pay  for 
the  water  so  supplied.  Approved  April  9,  in  force  July  1,  1872.  Laws 
1S71-2,  p.  211.    Title  amended  in  1885. 

308.  Water  Supply  Contracts,  Limitation. 

Section  X.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  all  cities,  incorporated  towns  and 
villages  where  water  works  have  been  or  may  hereafter  be  constructed  by 
any  person  or  incorporated  company,  the  city,  town  or  village  authorities  in 
such  cities,  incorporated  towns  and  villages  may  contract  with  such  person 
or  incorporated  company  for  a  supply  of  water  for  public  use  for  a  period 
not  exceeding  thirty  years.  (Amended  by  Act  approved  June  30,  in  force 
July  1,  1885.    Laws  1885,  p.  64.) 

309.  Water  Tax. 

Sec.  2.  Any  such  city  or  village  so  contracting  may  levy  and  collect  a 
tax  on  all  taxable  property  within  such  city  or  village,  to  pay  for  the  water 
so  supplied. 

Ax  Act  authorizing  cities,  incorporated  towns  and  villages  to  construct  and 
maintain  water  tvorks.    Approved  and  in  force  April  15,  1873. 

310.  Water  Works,  Construction  and  Maintenance,  Intercorporate  Arrange- 

ment. 

Section  1.  That  all  cities,  incorporated  towns  and  villages  in  this  State, 
be  and  are  hereby  authorized  and  shall  have  power  to  provide  for  a  supply 
of  water  for  the  purposes,  of  fire  protection,  and  for  the  use  of  the  inhabitants 
of  such  cities,  incorporated  towns  or  villages  by  the  erection,  construction 
and  maintaining  of  a  system  of  water  works  or  by  uniting  with  any  adja- 
cent city,  incorporated  town  or  village,  in  the  erection  construction  and 
maintaining  of  a  system  of  water  works  for  the  joint  use  of  such  cities, 
incorporated  towns  or  villages,  or  by  procuring  such  supply  of  water  from 
any  adjacent  city,  incorporated  town  or  village  already  having  water  works: 
Provided,  that  all  contracts  for  the  erection  or  construction  of  such  works  or 
any  part  thereof,  shall  be  let  to  the  lowest  responsible  bidder  therefor,  upon 
not  less  than  three  (3)  weeks'  public  notice  of  the  terms  and  conditions 
upon  which  the  contract  is  to  be  let  having  been  given  by  publication  in  a 
newspaper  published  in  such  city,  town  or  village,  or  if  no  newspaper  is 
published  therein,  then  in  some  newspaper  published  in  the  county:  And. 
provided,  further,  that  no  member  of  the  city  council  or  board  of  trustees  or 
mayor  shall  be  directly  or  indirectly  interested  in  any  such  contract,  and  in 
all  cases  the  council  or  board  of  trustees,  as  the  case  may  be,  shall  have  the 
right  to  reject  any  and  all  bids  that  may  not  be  satisfactory  to  them. 

Whereas,  an  emergency  exists,  therefore  this  Act  shall  be  in  force  from 
and  after  its  passage.  (Amended  by  Act  approved  and  in  force  May  14,  1879. 
Laws  1879,  p.  64.) 


90 

311.  General  Tax,  Borrowing  Money,  Appropriation. 

Sec.  2.  Such  cities,  incorporated  towns  and  villages  may  borrow  money 
and  levy  and  collect  a  general  tax  in  the  same  manner  as  other  municipal 
taxes  may  be  levied  and  collected  for  the  erection,  construction  and  main- 
taining of  such  water  works,  and  appropriate  money  for  the  same. 

312.  Real  Estate,  Purchase  or  Cotidemnation,  Territorial  Limits. 

Sec.  3.  For  the  purpose  of  erecting,  constructing,  locating,  maintaining 
or  supplying  such  water  works,  any  such  city,  incorporated  town  or  village 
may  go  beyond  its  territorial  limits,  and  may  take,  hold  and  acquire  property 
and  real  estate,  by  purchase  or  otherwise;  and  shall  also  have  the  power 
to  take,  hold  and  acquire  and  condemn  any  and  all  necessary  property  and 
real  estate  for  the  location,  erection,  construction  and  maintaining  of  such 
water  works,  in  the  manner  provided  for  the  taking  and  condemning  of 
private  property  for  public  use;  and  may  also  acquire  and  hold  real  estate 
and  other  property  and  rights  necessary  for  the  location,  erection,  construc- 
tion and  maintenance  of  such  water  works,  by  purchase  or  otherwise;  and 
the  jurisdiction  of  such  city,  town  or  village  to  prevent  or  punish  any  pollu- 
tion or  injury  to  the  stream  or  source  of  water  for  the  supply  of  such  water 
works,  shall  extend  ten  miles  beyond  its  corporate  limits. 

313.  Rules  and  Regulations,  Water  Tax  or  Rate,  Lien. 

Sec.  4.  The  common  council  of  such  cities,  or  trustees  of  such  towns  or 
villages,  shall  have  power  to  make  and  enforce  all  needful  rules  and  regula- 
tions in  the  erection,  construction  and  management  of  such  water  works, 
and  for  the  use  of  water  supplied  by  the  same.  And  such  cities,  towns  and 
villages  shall  have  the  right  and  power  to  tax,  assess  and  collect  from  the 
inhabitants  thereof  such  tax,  rent  or  rates  for  the  use  and  benefit  of  water 
used  or  supplied  to  them  by  such  water  works,  as  the  common  council  or 
board  of  trustees,  as  the  case  may  be,  shall  deem  just  and  expedient.  And  all 
such  water  taxes,  rates  or  rents  shall  be  a  lien  upon  the  premises  and  real 
estate  upon  or  for  which  the  same  is  used  or  supplied.  And  such  taxes, 
rents  or  rates  shall  be  paid  and  collected,  and  such  lien  enforced,  in  such 
manner  as  the  common  council  shall,  by  ordinance,  direct  and  provide. 

314-  Reservoirs  and  Hydrants,  Water  Pipes,  Expenses,  Special  Assessment. 

Sec.  5.  The  expense  of  locating,  erecting  and  constructing  reservoirs 
and  hydrants  for  the  purpose  of  fire  protection,  and  the  expense  of  construct- 
ing and  laying  water  main  pipes,  or  such  part  thereof  as  may  be  just 
and  lawful,  may  be  assessed  upon  and  collected  from  the  property  and  real 
estate  specially  benefited  thereby,  if  any,  in  such  manner  as  may  be  pro- 
vided for  the  making  of  special  assessments  for  other  public  improvements 
in  such  cities,  towns  or  villages. 

315.  Water  Works  Fund,  Application. 

8ec.  6.  All  the  income  received  by  such  cities,  towns  or  villages  from 
such  water  works,  from  the  payment  and  collection  of  water  taxes,  rents  or 
rates,  shall  be  kept  in  a  separate  fund,  and  shall  first  be  applied  in  the 
payment  and  discharge  of  the  costs,  interest  on  bonds  or  money  borrowed 
and  used  in  the  erection  and  construction  of  such  water  works  and  running 
expenses  thereof.  And  any  surplus  may  be  applied  in  such  manner  as  the 
common  council  or  board  of  trustees  may  direct. 

316.  Water  WorTcs  Excepted. 

Sec.  7.  The  provisions  of  this  Act  shall  not  apply  to  cities,  towns  or 
villages  in  which  water  works  are  now  managed  or  controlled  by  a  board  of 
public   works. 

Sec.  8.   (Emergency.) 
Ax  Act  to  aid  cities  owning  or  operating  water  toorks  to  secure  an  addi- 
tional or  better  supiily  of  imre  water.     Approved  and  in  force  May  27, 
1881.   L.  1S81,  p.  157. 

317.  Water  Powers  atid  Privileges  Granted. 

Section  1.  Be  it  enacted  l)y  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:    That  all  cities  owning  or  operating  water 


91 
I 

works  under  any  charter  granted  by  Act  of  any  General  Assembly  of  this 
State,  or  under  the  general  incorporation  laws  of  this  State,  whether  by 
boards  of  water  commissioners  or  by  officers  appointed  for  that  purpose,  are 
hereby  granted  the  following  powers  and  privileges,  for  the  purpose  of 
increasing  or  bettering  the  source  of  supply  from  which  such  water  is 
obtained. 

31S.  Wells,  Constructing  or  Leasing,  Referendum. 

Sec.  2.  Whenever,  in  the  judgment  of  a  majority  of  any  board  of  water 
commissioners,  or  if  there  be  no  such  board,  then  in  the  judgment  of  a 
majority  of  the  city  council  of  any  city  owning  or  operating  such  water 
works,  it  shall  be  necessary  for  the  public  health,  or  for  any  other  cause,  to 
increase  the  source  of  water  supply,  or  to  substitute  for  it  such  better  source 
as,  in  their  judgment,  the  interests  of  such  city  may  demand,  such  board  of 
water  commissioners  or  city  council  may,  in  addition  to  the  powers  already 
conferred  upon  them  by  Act  of  any  General  Assembly  of  this  State,  construct 
wells,  either  by  boring  or  excavation,  and  protect  and  equip  the  same 
after  construction,  or  may  lease  water  privileges  from  private  parties  or 
corporations  owning  wells  already  or  hereafter  to  be  constructed,  and  may 
pay  for  such  construction  or  lease,  and  for  the  expenses  maintained  in 
operating  the  same,  out  of  any  earnings  of  such  water  works  under  their 
control  which  may  be  in  their  hands  at  the  time  of  the  taking  effect  of  this 
Act,  or  which  may  accrue  to  them  hereafter:  Provided,  that  no  money  shall 
"be  expended  under  the  provisions  of  this  Act,  for  the  purposes  herein 
specified,  until  the  question  of  the  expenditure  of  such  money  for  the  pur- 
poses aforesaid  shall  have  been  submitted  to  a  vote  of  the  people  of  the 
city  in  which  such  water  works  may  be  situated,  at  any  election  for  city 
officers  or  special  election  called  for  that  purpose  by  the  city  council  of  said 
city,  and  shall  have  received  a  majority  of  the  votes  cast  at  such  election: 
Provided,  further,  that  no  money  shall  be  expended  under  the  provisions  of 
this  Act,  for  the  purposes  aforesaid,  other  than  the  surplus  earnings  of  such 
water  works. 

Sec.  3.   (Emergency.) 

Ax  Act  authorizing  cities,  totons  and  villages  to  duild,  purchase  or  extend 
water  works  systems  for  puMic  and  domestic  use,  and  to  provide  for  the 
cost  thereof.    Approved  April  22,  in  force  July  1,  1S99.   Laws  1899,  p.  IO4. 

319.  Water  Works   System,   Construction,   Purchase   or  Extension,   Interest 

Bearing  Certificates. 
Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  Every  city,  incorporated  town  and  village 
in  this  State,  is  hereby  authorized  to  acquire  water  works  for  supplying 
water  for  public  use,  and  for  domestic  use  of  its  inhabitants  by  building  or 
purchasing  a  water  works  system  or  enlarging  or  extending  an  existing 
system.  In  payment  for  such  building,  purchase  or  enlargement  any  such 
municipality  may  issue  certificates  of  indebtedness  limited  in  their  payment 
solely  to  the  water  fund  hereinafter  provided  for;  such  certificates  may  bear 
interest  at  a  rate  of  not  exceeding  six  per  centum  per  annum,  payable  semi- 
annually, and  shall  only  be  issued  at  not  less  than  par  value  in  payment  for 
the  building,  purchase  or  extension  of  a  water  works  system. 

320.  Ordinance,  Referendum. 

Sec.  2.  Any  such  municipality  desiring  to  avail  itself  of  the  provisions 
of  this  Act  shall  first  pass  an  ordinance,  fixing  in  a  general  way  the  capacity 
of  the  water  works  system  it  is  proposed  to  acquire,  and  referring  to  the 
plans  and  specifications  therefor,  which  shall  be  open  to  the  inspection  of  the 
public;  which  said  ordinance  shall  fix  the  rates  at  which  water  is  to  be 
supplied  for  all  private  purposes,  and  said  rates,  so  fixed,  shall  not  there- 
after be  reduced  until  the  certificates  issued  for  acquiring  or  enlarging  the 
water  works,  and  the  interest  thereon,  are  fully  paid.  Which  said  ordinance 
shall  be  published  in  a  newspaper  published  in  such  municipality,  at  least 
once  in  each  week  for  three  successive  weeks.     And  if  no  petition  shall  be 


92 

filed  with  the  clerk  of  such  municipality  as  hereinafter  provided,  within 
twenty-one  days  after  the  first  publication  of  said  ordinance,  then  the  cor- 
porate authorities  may  proceed  to  carry  out  the  provisions  of  the  ordinance. 
But  if  within  said  period  of  twenty-one  days  there  shall  be  filed  with  the 
clerk  of  such  municipality  a  petition,  signed  by  twenty  per  cent  of  the 
number  of  voters  voting  for  presiding  officer  of  the  legislative  body  of  such 
municipality  at  the  next  preceding  general  city,  town  or  village  election, 
asking  that  the  question  of  acquiring  or  enlarging  a  water  works  system  be 
submitted  to  a  vote.  [,]  It  [it]  shall  then  be  the  duty  of  the  legislative  body 
of  such  municipality  to  call  a  special  election  in  the  manner  provided  by 
law,  to  vote  upon  such  question,  and  if  it  appear  that  a  majority  of  the 
voters  voting  upon  such  question  at  such  election  vote  in  favor  of  acquiring 
or  enlarging  the  water  works,  then  said  ordinance  shall  be  in  full  force  and 
effect,  and  the  corporate  authorities  may  proceed  to  carry  out  the  provisions 
thereof,  but  if  a  majority  of  the  votes  cast  are  against  such  acquiring  or 
enlarging,  then  said  city,  incorporated  town  or  village  shall  proceed  no 
further  for  the  period  of  six  months  next  ensuing. 

321.  Water  Fund,  Application. 

Sec.  3.  Whenever  any  such  municipality  shall  avail  itself  of  the  provi- 
sions of  this  Act,  the  entire  proceeds  arising  from  the  operation  of  the  water 
works  system  thereof  shall  be  paid  into  a  fund  known  as  the  "water  fund," 
and  which  fund  shall  be  and  remain  inviolate  until  the  certificates  issued 
under  the  terms  hereof  and  the  interest  thereon  is  fully  paid,  and  the  treas- 
urer of  such  municipality  shall  not  pay  any  warrants  drawn  on  said  fund 
unless  the  same  be  drawn  in  payment  of  the  necessary  operating  expenses 
of  such  water  works  system,  or  in  payment  of  the  certificates  issued  here- 
under or  the  interest  thereon. 

322.  Mortgage  or  Trust  Deed,  Conditions. 

Sec.  4.  In  order  to  secure  in  the  most  ample  manner  the  payment  of  the 
water  certificates,  authorized  as  aforesaid,  any  such  municipality  may  convey 
by  way  of  mortgage  or  deed  of  trust  the  water  works  system  so  acquired 
or  enlarged  which  said  mortgage  or  deed  of  trust  shall  be  acknowledged  and 
recorded  in  the  same  manner  as  mortgages  of  real  property,  and  which  mort- 
gage or  deed  of  trust  may  contain  such  provisions  and  conditions  as  are 
reasonably  necessary  to  fully  secure  the  payment  of  said  water  certificates,. 

323.  Water  Certificates,  Foreclosure,  Decree,  Sale. 

Sec.  5.  Whenever,  and  as  often  as  default  shall  be  made  in  the  payment 
of  water  certificates,  issued  as  aforesaid,  and  such  default  shall  continue  for 
the  space  of  ninety  days,  it  shall  be  lawful  for  said  mortgagee  or  trustee  to 
declare  the  whole  of  the  principal  and  interest  of  such  certificates  at  once 
due  and  payable,  and  proceed  to  foreclose  the  same  in  any  court  of  compe- 
tent jurisdiction,  and  in  any  decree  to  be  rendered  in  such  suit  of  fore- 
closure there  shall  be  included  a  reasonable  solocitor's  fee  for  the  complain- 
ant's solicitor,  and  such  decree  shall  fix  reasonable  rates  for  water  furnished 
from  said  water  works  system  for  public  uses  during  the  time  that  such 
municipality  shall  be  deprived  of  the  possession  thereof,  as  hereinafter  pro- 
vided, and  upon  any  sale  under  such  decree  of  foreclosure  the  person  or 
corporation  offering  to  satisfy  said  decree  for  the  rents,  incomes  and  profits 
of  said  water  works  system  for  the  least  number  of  years,  not  exceeding 
fifty,  shall  become  the  purchaser  thereof,  and  on  satisfying  said  decree  shall 
be  let  into  the  use,  occupation  and  enjoyment  of  said  water  works  system 
during  the  period  of  time  for  which  the  same  were  sold,  and  during  such 
period  such  purchaser  or  assigns  shall  be  entitled  to  receive  and  collect  for 
water  furnished  for  private  uses  the  rates  prescribed  in  the  ordinance  pro- 
vided for  in  section  2  of  this  Act,  and  shall  be  entitled  to  receive  and  collect 
the  reasonable  rates  fixed  for  the  public  uses  of  water  in  such  decree.  At 
the  end  of  said  period  said  purchasers  or  assigns  shall  deliver  said  water 
works  system  to  such  municipality  in  as  good  condition  as  when  the  same 
was  received,  ordinary  wear  and  tear  excepted. 


93 

324-  Purchaser's  Rights,  Protection. 

Sec.  6.  During  the  period  of  time  when  the  purchaser  at  such  foreclosure 
sale  shall  be  entitled  to. the  use  and  enjoyment  of  said  water  works  system, 
it  shall  not  be  competent  for  such  municipality  to  construct  or  authorize 
any  other  person  or  corporation  to  construct  a  competing  system  of  water 
works,  nor  shall  it  be  competent  for  the  purchaser  at  such  foreclosure  sale, 
or  assigns,  to  extend  the  water  works  system  so  purchased,  except  upon  such 
terms  as  such  municipality  may  authorize. 

325.  Scope  of  Act. 

Sec.  7.  This  shall  be  deemed  and  construed  to  confer  powers  in  addition 
to  but  not  limiting  those  now  existing. 

Aisr  Act  to  enable  cities  and  villages  to  buy.  construct  or  enlarge  water  works 
and  to  provide  for  the  management  thereof,  and  giving  them  authority 
to  levy  an  annual  tax  and  to  pledge  the,  same  in  payment  therefor.^ 
Title  to  Act  approved  April  19,  in  force  July  1,  1&99,  as  amended  by.. 
Act  approved  May  18,  in  force  July  1,  1905.    Laws  1905,  p.  94. 

326.  Water  Works,  Purchase,  Construction  and  Enlarging,  Annual  Tax. 
Section  1.  That  cities  and  villages  shall  have  the  power  to  levy,  in  ad- 
dition to  the  taxes  now  authorized  by  law,  a  direct  annual  tax  of  not  more 
than  one  cent  on  the  dollar  upon  all  the  property  within  the  corporate  limits 
of  the  city  or  village,  said  tax  to  be  payable  yearly  for  a  period  of  not  more 
than  thirty  years;  the  proceeds  of  said  tax  to  be  used  solely  for  the  pur- 
chase, construction  or  enlarging  of  water  works.  (Amended  by  Act  approved 
May  18,  in  force  July  1,  1905.     Laws  1905,  p.  94. 

327.  Contract  Ordinance. 

Sec.  2.  Whenever  any  city  or  village  desires  to  avail  itself  of  the  pro- 
visions of  this  Act,  the  city  council  or  the  board  of  trustees,  as  the  case  may 
be,  may  by  ordinance  or  resolution  contract  for  the  purchase,  erection  or 
enlarging  of  water  works  for  a  provisionally  certain  fixed  sum,  or  may  so 
contract  for  purchase,  extension  or  enlarging  if  the  plant  proposed  to  be 
purchased  shall  be  inadequate,  and  such  contract  for  erection,  purchase  or 
enlarging,  together  with  a  report  from  the  city  or  village  engineer  recom- 
mending the  same,  shall  be  published  at  least  once  a  week  for  three  consecu- 
tive weeks  in  a  daily  or  weekly  newspaper  published  in  said  city  or  village, 
and  shall  at  the  same  time  provide  by  resolution  or  ordinance  for  the  levy- 
ing of  a  direct  annual  tax  as  authorized  in  section  1  of  this  Act,  the  total  of 
which  said  tax  for  the  term  levied,  together  with  the  annual  revenue  which 
is  estimated  to  be  derived  from  the  works,  shall  be  sufficient  to  pay  the 
contract  price  for  the  works,  together  with  interest  on  same;  but  such  con- 
tract for  purchase,  erection  or  enlarging,  and  such  tax,  shall  not  be  valid  or 
binding  until  confirmed  by  vote  as  follows:  (Amended  by  Act  approved  May 
18,  in  force  July  1,  1905.     Laws  1905,  p.  94.) 

328.  Referendum. 

Sec.  3.  Such  contract  and  tax,  after  action  by  the  council  or  trustees 
aforesaid,  shall,  before  they  shall  be  valid  and  binding,  be  submitted  for 
ratification  to  the  voters  of  the  city  or  village  at  a  regular  or  special  election 
by  giving  notice  of  same,  which  notice  shall  specify  the  character  of  the  said 
works  proposed  to  be  erected,  purchased  or  enlarged  and  the  amount  of 
tax  to  be  levied,  and  said  notice  shall  be  posted  in  ten  public  places  within 
such  city  or  village  at  least  three  weeks  prior  to  said  election,  and  also  by 
publication  three  times  in  a  daily  or  weekly  newspaper  published  in  said 
city  or  village,  and  for  three  weeks  preceding  such  election  there  shall  be  on 
file  in  some  public  place,  convenient  of  access,  a  full  description  of  works, 
copy  of  contract  and  report  of  engineer,  for  the  inspection  of  the  voters,  and 
notice  of  where  said  plans  and  specifications  are  on  file  shall  be  included 


^  A    municipality    that    has    reached     its        create   an   additional   indebtedness.      Village    of 
constitutional    limit    of    indebtedness    can    not        East  Moline  v.  Pope  (1906),  224  111.  386. 
take   advantage   of   this   Act   by   attempting   to  ^ 


94 

in  the  notice  of  election.  If  three-fourths  of  all  the  voters  voting  on  said 
proposition  shall  vote  in  favor  of  said  contract,  and  tax,  the  same  shall  be 
binding  and  tne  tax  duly  levied.     The  ballots  at  such  election  shall  read: 


'Proposition  to  construct,  purchase  or  enlarge    (or  all)      |    Yes 

v?ater  works  and  levy  a  tax  of annually     | 

for years."  I    No 


(Amended  by  Act  approved  May  18,  in  force  July  1,  1905.  Laws  1905, 
p.  94.) 

329.  Superintendent  and  Employees. 

Sec.  4.  The  city  council  in  cities  and  the  board  of  trustees  in  villages 
shall  have  the  power  to  carry  into  execution  the  contract  for  the  erection, 
purchase  or  enlarging  of  water  works  when  ratified  by  the  voters,  as  directed 
in  section  .3,  and  employ  a  superintendent  and  such  other  employees  as  may 
be  necessary  and  proper  for  the  operation  of  such  works  for  the  collection 
of  water  rentals  and  for  the  conduct  of  the  business  necessary  to  the  opera- 
tion thereof.  (Amended  by  Act  approved  May  18,  in  force  July  1,  1905. 
Laws  1905,  p.  94.) 

3J0.  Bonds,  Authority. 

Sec.  5.  The  city  council  in  cities  and  the  board  of  trustees  in  villages 
shall  have  the  power  to  issue  bonds  against  the  taxes  levied,  the  same  to  be 
payable  only  out  of  said  special  tax  when  collected  and  out  of  the  net  revenue 
derived  from  the  operation  of  said  works. 

331.  Bonds,  Provisions. 

Sec.  6.  The  said  bonds  shall  be  made  to  mature  in  as  nearly  as  possible 
equal  installments  of  one  hundred  dollars,  or  multiples  thereof,  the  first, 
installment  to  be  payable  one  or  two  years  from  date,  the  last  installment 
within  one  year  after  date  of  the  last  tax  levy  provided  in  the  vote  author- 
izing said  levy.  The  bonds  shall  bear  interest  at  a  rate  not  to  exceed  six 
per  cent,  payable  annually  or  semi-annually,  shall  be  sold  for  not  less  than 
par,  or  may  be  paid  out  at  not  less  than  par  for  the  construction,  purchase 
or  enlarging  of  said  works.  (Amended  by  Act  approved  May  18,  in  force 
July  1,  1905.     Laws  1905,  p.  94.) 

332.  Bonds,  Form. 

Sec.  7.  Said  bonds  shall  be  substantially  in  the  following  form: 

The  city  or  village  of ,  county  of ,  State 

of  Illinois,  for  value  received    hereby  promises  to  pay  the  bearer 

hundred   dollars,   lawful   money   of   the    United    S'tates   of   America,   on   the 

■ . .  day  of ,  A.  D ,  together  with  interest 

thereon  at  the  rate  of per  centum  per  annum,  payable  annually 

on  the day  of ,  A.  D Both 

principal  and  interest  payable  at  the 

This  bond  is  one  of  a  series  of  bonds  amounting  to 

dollars,  issued  by  ordinance  of  the  city  (or  village)  of 

and  is  payable  solely  out  of  funds  derived  from  special  tax  levy  and  net 

revenue  of  the  water  works  of  the  city   (or  village)    of ; 

the    erection,    purchase    or   enlarging   of   said    works    and    levy   of   said   tax 

having  been  authorized  at  an  election  legally  called  and  held  on  the 

day   of ,   A.    D ;    and    out    of   no    other 

funds.  And  it  is  hereby  recited  that  all  acts,  conditions  and  things  prece- 
dent to  and  in  the  issuance  of  this  bond  have  been  properly  done,  happened 
and  performed  in  regular  and  due  form  as  required  by  law. 

In  testimony  whereof  the  city  council  (or  board  of  trustees)  has  caused 
this  bond  to  be  signed  by  the  mayor  (or  president)  and  countersigned  by 
the   clerk,   and  caused  the  seal   of  the  city    (or  village)    to   be   affixed   this 

day  of ,  A.  D 

Mayor. 

f  Clerk. 


95 

Coupons  representing  the  interest  shall  be  attached  thereto,  which  may 
be  signed  or  bear  the  lithographed  signature  of  the  clerk  of  said  city  or 
village.  (Amended  by  Act  approved  May  18,  in  force  July  1,  1905.  Laws 
1905,  p.  94.) 

333.  Water  Rentals  and  Rates. 

Sec.  8.  The  board  of  trustees  or  city  council  shall  from  time  to  time  fix 
the  water  rentals  or  rates  to  be  charged  for  the  furnishing  of  water,  and  such 
shall  be  made  sufficient,  together  with  the  proceeds  of  the  special  tax  pro- 
vided by  the  Act  to  pay  at  maturity  the  interest  and  principal  of  bonds  issued 
under  the  provisions  of  the  Act,  and  also  for  the  proper  maintenance  and 
operation  of  such  works,  the  proper  and  necessary  extension  thereof,  and 
for  all  repairs  thereon. 

334-  Joint  Water  Districts,  Referendum. 

Sec.  9.  Any  two  or  more  villages  or  cities  adjacent  to  each  other  may 
elect  by  ordinance  to  create  a  water  district,  said  district  to  be  governed  bj' 
a  board  of  trustees  composed  of  the  joint  city  councils  or  village  boards  of 
each  and  every  such  city  and  village,  which  said  board  of  trustees  shall 
have  the  power  given  to  city  councils  or  boards  of  trustees  in  this  Act,  and 
said  water  districts  shall  be  a  body  corporate  to  carry  out  the  provisions 
of  the  Act,  but  notice  of  any  election  held  by  such  water  district  under  this 
Act  shall  be  given  in  each  and  every  city  and  village  combining  into  the 
district,  and  if  the  election  shall  not  carry  by  three-fourths  of  all  voters 
voting  in  each  city  or  village  in  said  district,  then  the  proposed  contract 
and  tax  shall  be  considered  to  have  failed  of  ratification  and  to  be  void. 

335.  Scope  of  Act. 

Sec.  10.  This  Act  shall  be  considered  as  conferring  additional  power 
on  city  councils  and  boards  of  trustees,  and  as  in  addition  to  and  not  limit- 
ing powers  now  given  cities  and  villages,  city  councils  and  boards  of  trustees 
by  law. 

Ax  Act  to  provide  for  the  annexation  of  cities,  incorporated  towns  and 
villages,  or  parts  of  same,  to  cities,  incorporated  towns  and  villages.  Ap- 
proved and  in  force  April  25,  1889.     Laws  1889,  p.  6t. 

336.  Annexation  of  Municipalities,  Use  of  Water  Works. 

Sec.  12.  If  a  part  of  a  city,  village  or  incorporated  town  be  annexed  to 
another  village,  city  or  incorporated  town,  then  such  part  of  the  city,  village 
or  incorporated  town  shall  have  the  same  use  and  benefit  of  any  water  works, 
gas  or  electric  light  system  owned  by  such  city,  village  or  incorporated  town 
prior  to  such  annexation,  on  the  same  terms,  conditions  and  restrictions 
that  it  had  before  such  annexation;  and  on  the  same  terms,  conditions  and 
restrictions  said  territory  not  annexed  may  thereafter  receive  the  use  and 
benefit  thereof;  and  if  a  portion  of  the  territory  of  any  city,  village  or  incor- 
porated town  be  annexed  to  another  city,  village  or  incorporated  town,  then 
the  portion  of  the  city,  village  or  incorporated  town  not  annexed  shall  have 
the  same  use  and  benefit  of  any  water  works,  gas  or  electric  light  system 
owned  by  such  city,  village  or  incorporated  town  prior  to  such  annexation 
on  the  same  terms,  conditions  and  restrictions  that  it  had  before  such  an- 
nexation, and  on  the  same  terms,  conditions  and  restrictions  said  territory 
annexed  may  thereafter  receive  the  use  and  benefit  thereof.  Either  part  of 
such  village,  city  or  incorporated  town  receiving  such  benefit  as  aforesaid 
may  have  its  said  rights  and  benefits  waived  by  the  city  council  or  board  of 
trustees  of  the  city,  village  or  incorporated  town  to  and  from  which  said 
territory  is  annexed  and  detached,  upon  such  just  and  equitable  terms  as 
they  may  agree,  and  if  they  can  not  agree,  then  the  matter  shall  be  deter- 
mined by  the  Circuit  or  County  Court  of  the  county  within  which  such  city, 
village  or  incorporated  town  to  which  territory  is  annexed  may  lie,  on  peti- 
tion of  any  person  interested  therein.  Said  court  shall  determine  the  matter 
aforesaid  in  a  summary  manner  and  without  formal  proceeding.s  pronounce 


96 

judgment  as  the  right  and  equity  of  the  case  naay  require,  and  such  judg- 
ment  shall  be  final  and  conclusive. 

An  Act  to  enable  cities,  toivns  and  villages  incorporated  under  any  general 
or  special  law  of  this  State  to  fix  the  rates  and  charges  for  the  supply 
of  water  furnished  by  any  individual,  company  or  corporation  to  any. 
such  city,  town  or  village  and  the  inhabitants  thereof.  Approved  June 
6,  in  force  July  1,  1891.    Laws  1891,  p.  85., 

337.  Maxirmim  Rates,  Ordinance,  Review. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  corporate  authorities  of  any  city, 
town  or  village,  now  or  hereafter  incorporated  under  any  general  or  special 
law  of  this  State,  in  which  any  individual,  company  or  corporation  has  been, 
or  hereafter  may  be,  authorized  by  such  city,  town  or  village  to  supply  water 
to  such  city,  town  or  village  and  the  inhabitants  thereof,  be  and  are  hereby 
empowered  to  prescribe  by  ordinance  maximum  rates  and  charges  for  the 
supply  of  water  furnished  by  such  individual,  company  or  corporation  to 
such  city,  town  or  village  and  the  inhabitants  thereof,  such  rates  and  charges 
to  be  just  and  reasonable.  And  in  case  the  corporate  authorities  of  any  such 
city,  town  or  village  shall  fix  unjust  and  unreasonable  rates  and  charges,  the 
same  may  be  reviewed  and  determined  by  the  Circuit  Court  of  the  county 
In  which  such  city,  town  or  village  may  be. 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence.    Approved 
March  27,  in  force  July  1,  187If. 

338.  Stream  or  Watercourse,  Obstruction,  Penalty. 

Division  I.  Sec.  199.  Whoever  wilfully  and  wantonly  obstructs  the  pas- 
sage of  any  stream  or  water  course  by  casting,  felling  or  depositing  any  tree, 
timber  or  other  thing  across  or  into  the  same  whereby  the  fiow  of  water  is 
prevented,  hindered  or  impeded,  shall  be  fined  not  exceeding  $500.00,  or  con- 
fined in  the  county  jail  not  exceeding  six  months,  or  both:  Provided,  that 
nothing  herein  contained  shall  prevent  the  maintenance  or  construction  of 
dams  for  manufacturing  or  other  lawful  purpose,  nor  the  maintenance  or  • 
construction  of  bridges  in  such  manner  as  not  to  interrupt  the  flow  of  water: 
And,  provided,  further,  that  this  section  shall  not  apply  to  any  person  who 
shall  lawfully  fell  any  tree  for  use  and  immediately  removes  the  same  out 
of  the  stream  or  water  course.  (Amended  by  Act  approved  June  18,  in  force 
July  1,  1891.     Laws  1891,  p.  102.) 

An  Act  to  authorize  cities  of  a  certain  class  to  make  contracts  for  a  period 
exceeding  one  year  relating  to  the  collection  and  final  disposition  of 
garbage.    Approved  and  in  force  March  30,  1897.    Laivs  1897,  p.  95. 

339.  Garbage  and  Ashes  Disposal,  Contracts. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  any  city  having  a  population  of  more 
than  one  hundred  thousand  inhabitants,  as  shown  bj^  any  school  census  or 
by  the  federal  census,  shall  be  and  hereby  is  authorized  and  empowered  to 
make  contracts  for  more  than  one  year  and  not  exceeding  five  years,  relating 
to  the  collection  and  final  disposition  of  garbage  and  ashes. 

340.  Annual  Tax. 

Sec.  2.  Whenever  any  city  shall  make  any  such  contract  as  is  authorized 
by  this  Act,  it  shall  be  and  is  hereby  made  the  duty  of  the  city  council  of 
such  city  to  include  in  the  annual  appropriation  ordinance  of  each  current 
fiscal  year,  an  appropriation  of  a  sum  of  money,  sufficient  to  pay  the  amount, 
which  under  and  by  the  terms  of  any  such  contract,  shall  become  due  and 
payable  during  such  current  fiscal  year. 

341.  Repeal. 

Sec.  3.  All  laws  and  parts  of  laws  inconsistent  with  the  provisions  of 
this  Act  are  hereby  repealed. 
Sec.  4.    (Emergency.) 


97 

An  Act  to  aicthorize  cities  and  villages  having  a  'population  of  less  than 
100,000  to  levy  a  tax  for  the  purpose  of  collecting  and  disposing  of 
garbage.    Approved  June  25,  in  force  July  1,  1915.    Laios  1915,  p.  285. 

3.'i2.  Garbage  Plants,  Establishment,  Annual  Tax. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  city  council  of  each  incorporated 
city  in  this  State,  wliether  organized  under  the  general  law  or  special 
charter,  having  a  population  of  less  than  100,000,  and  the  president  and 
board  of  trustees  of  each  village  in  the  State  of  Illinois  having  a  population 
of  less  than  100,000,  shall  have  power  to  establish  and  maintain  garbage 
systems  or  plants  for  the  collection  and  disposal  of  garbage  in  such  city  or 
village  and  may  levy  a  tax  not  to  exceed  two  mills  on  the  dollar  on  all  the 
taxable  property  in  the  city  or  village  according  to  the  valuation  of  the 
same  as  made  for  the  purpose  of  State  and  county  taxation  by  the  last  assess- 
ment, in  said  city  or  village  for  such  purposes.  Said  annual  garbage  tax 
shall  be  in  addition  to  the  amount  authorized  to  be  levied  for  general  pur- 
poses as  provided  by  section  1  of  article  8  of  "An  Act  for  the  incorporation 
of  cities  and  villages,"  approved  April  10,  1872,  and  all  amendments  thereto. 

An  Act  to  enable  cities,  towns  and  villages  to  contract  with  each  other  for 
sewerage.    Approved  May  14,  in  force  July  1,  1879.     Latos  1879,  p.  75. 

343.  Sewer-age,  Construction,  Extension,  Intercorporate  Arrangement. 
Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  whenever  any  city,  or  incorporated 
town  or  village,  shall  be  adjacent  or  contiguous  to  any  other  city  or  incor- 
porated town  or  village,  they  shall  be  authorized  to  contract  with  each  other 
upon  such  terms  as  may  be  agreed  upon  between  them,  to  allow  and  permit 
the  one  the  use  and  benefit  of  any  sewer  or  drain,  or  of  any  system  of  sewer- 
age or  drainage  heretofore  constructed,  or  which  may  be  hereafter  con- 
structed by  the  other,  and  further  that  any  such  sewer  or  drain  or  system 
of  sewerage  or  drainage  constructed  or  which  may  hereafter  be  constructed 
by  the  one,  may  be  extended  or  furnished  to  the  inhabitants  of  the  other, 
and  they  may  by  contract  with  each  other  provide  for  the  joint  construction 
of  any  sewer  or  drain  by  the  municipalities  so  contracting,  and  for  the 
common  use  thereof  by  the  inhabitants  of  such  municipalities. 

344.  Resolution  or  Ordinance,  Effect. 

Sec.  2.  The  contract  contemplated  in  section  one  of  this  Act  may  be 
made  by  ordinance  or  resolution  duly  enacted  or  passed  by  the  common 
council,  board  of  trustees,  or  other  proper  legislative  authority  of  the  city, 
or  incorporated  town  or  village  proposing  such  contract,  and  ratified  or 
assented  to  by  ordinance  or  resolution  duly  enacted  or  passed  by  the  common 
council,  board  of  trustees,  or  other  proper  legislative  authority  of  the  city 
or  incorporated  town  or  village  confirming  or  agreeing  to  such  contract,  and 
every  such  contract  when  ratified  or  confirmed  by  the  proper  corporate 
authorities  of  the  municipal  corporations  who  are  parties  thereto,  shall  be 
in  all  respects  valid  and  binding. 

An  Act  to  create  sanitary  districts  and  to  provide  for  sewage  disposal.    Ap- 
proved June  22,  in  force  July  1,  1917.     L.  1917,  p.  396. 

3If5.  Sewage  Disposal,  Lake  Michigan. 

Sec  7.  The  board  of  trustees  of  any  sanitary  district  organized  under 
this  Act  shall  have  power  to  provide  for  the  disposal  of  the  sewage  thereof 
including  the  sewage  and  drainage  of  any  incorporated  city,  town  or  village 
within  the  boundaries  of  such  district  and  to  save  and  preserve  the  water 
supplied  to  the  inhabitants  of  such  district  from  contamination  and  for  that 
purpose  may  construct  and  maintain  an  enclosed  conduit  or  conduits,  main 
pipe  or  pipes,  wholly  or  partially  submerged,  buried  or  otherwise,  and  by 
means  of  pumps  or  otherwise  cause  such  sewage  to   flow  or  to  be  forced 

— 7DPH 


98 

through  such  conduit  or  conduits,  pipe  or  pipes  to  and  into  any  ditch  or 
canal  constructed  and  operated  by  any  other  sanitary  district,  after  having 
first  acquired  the  right  so  to  do,  or  such  board  may  provide  for  the  drainage 
of  such  district  by  laying  out,  establishing,  constructing  and  maintaining 
one  or  more  channels,  drains,  ditches  and  outlets  for  carrying  off  and  dis- 
posing of  the  drainage  (including  the  sewage)  of  such  district  together  with 
such  adjuncts  and  additions  thereto  as  may  be  necessary  or  proper  to  cause 
such  channels  or  outlets  to  accomplish  the  end  for  which  they  are  designed, 
in  a  satisfactory  manner,  including  pumps  and  pumping  stations  and  the 
operation  of  the  same.  Such  board  may  also  treat  and  purify  such  sewage 
so  that  when  the  same  shall  flow  into  any  lake  or  other  watercourse,  it  will 
not  injuriously  contaminate  the  waters  thereof,  and  may  adopt  any  other 
feasible  method  to  accomplish  the  object  for  which  such  sanitary  district 
may  be  created,  and  may  also  provide  means  whereby  the  said  sanitary  dis- 
trict may  reach  and  procure  supplies  of  water  for  diluting  and  flushing  pur- 
poses: Provided,  however,  that  nothing  herein  contained  shall  be  construed 
to  empower  or  authorize  such  board  of  trustees  to  operate  a  system  of  water 
works  for  the  purpose  of  furnishing  or  delivery  (of)  water  to  any  such  munici- 
pality or  to  the  inhabitants  thereof.  Nothing  in  this  Act  contained  shall 
authorize  said  trustees  to  flow  the  sewage  of  such  district  into  Lake  Michigan 
and  any  such  plan  for  sewage  disposal  by  any  sanitary  district  organized 
hereunder,  is  hereby  prohibited. 

3^6.  Pollution  of  Waters,  Police,  Appointment. 

S'EC.  18.  The  board  of  trustees  of  any  such  sanitary  district  shall  have 
power  and  authority  to  prevent  the  pollution  of  any  waters  from  which  a 
water  supply  may  be  obtained  by  any  city,  town  or  village  within  said  dis- 
trict, and  shall  have  the  right  and  power  to  appoint  and  support  a  sufficient 
police  force,  the  members  of  which  may  have  and  exercise  police  powers 
over  the  territory  within  such  drainage  district,  and  over  the  waters  from 
which  said  water  supply  may  be  obtained,  for  a  distance  of  three  miles  from 
the  shore  thereof,  or  from  the  source  of  said  water  supply  for  the  purpose  of 
preventing  the  pollution  of  said  waters,  and  any  interference  with  any  of 
the  property  of  such  sanitary  district;  but  such  police  officers  when  acting 
within  the  limits  of  any  such  city,  town  or  village,  shall  act  in  aid  of  the 
regular  police  force  thereof,  and  shall  then  be  subject  to  the  direction  of  its 
chief  of  police,  city  or  village  marshals  or  other  head  thereof:  Provided, 
that  in  so  doing  they  shall  not  be  prevented  or  hindered  from  executing  the 
orders  and  authority  of  said  board  of  trustees  of  such  sanitary  district: 
Provided,  -further,  that  before  compelling  a  change  in  any  method  of  disposal 
of  sewage  so  as  to  prevent  the  said  pollution  of  any  water,  the  board  of 
trustees  of  such  district  shall  first  have  provided  means  to  prevent  the  pollu- 
tion of  said  water  from  sewage  or  refuse  originating  from  their  own  sanitary 
district.  ' 

Aisr  Act  creating  a  rivers  and  lakes  commission  for  the  State  of  Illinois, 
and  defining  the  duties  and  powers  thereof.  Approved  June  10,  in  force 
July  1,  1911.     L.  1911,  p.  115. 

34~-  Pollution  of  Streams  and  Lakes,  Investigation,  Al)atement. 

Sec.  14.  It  shall  be  the  duty  of  said  Rivers  and  Lakes  Commission  (The 
Civil  Administrative  Code  abolished  this  commission  and  placed  its  powers 
under  the  Department  of  Public  Works  and  Buildings)  to  see  that 
all  of  the  streams  and  lakes  of  the  State  of  Illinois,  wherein  the 
State  of  Illinois,  or  any  of  its  citizens,  has  any  rights  or  interest,  are  not 
polluted  or  defiled  by  the  deposit  or  addition  of  any  injurious  substances,  and 
that  the  same  are  not  affected  injuriously  by  the  discharging  therein  of  any 
foul  or  injurious  substances,  so  that  fish  or  other  aquatic  life  is  destroyed. 
And  if,  upon  investigation,  the  commission  shall  find  that  any  of  such  streams 
and  lakes  are  so  polluted  and  defiled,  or  are  affected  injuriously  by  the  dis- 
charging therein  of  any  foul  or  injurious  substances  so  that  fish  or  other 
aquatic  life  is  destroyed,  it  shall  be  the  duty  of  said  commission  to  enter  an 
order  commanding  the  abatement  of  such  nuisances  within  such  time  as  may 


99 

be  fixed  by  the  commission.     (Amended  by  Act  approved  June  30,  in  force 
July  1,  1913.     L.  1913,  p.  121.) 

SANITATION. 
An  Act  to  prohiMt  the  use  of  a  common  drinking  cup,  glass  or  other  utensil 
used  for  public  drinking  purposes  in  public  and  private  schools.  State 
educational  institutions,  halls  used  for  public  meetings  or  entertain- 
ments, hotels,  lodging  houses,  theatres,  factories  or  public  or  municipal 
buildings,  on  railroad  trains  and  stations  and  in  other  public  places  in 
the  State  of  Illinois.  Approved  June  5,  in  force  July  1,  1911.  Laws  1911, 
p.  28<9. 
348.  Common  Drinking  Cup,  Public  Buildings. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  it  shall  be  unlawful  for  any  person, 
firm  or  corporation,  directly  or  indirectly,  connected  in  any  public  or  private 
school  or  in  any  State  institution,  halls  used  for  public  meetings  or  enter- 
tainments, hotels,  lodging  houses,  theatres,  factories  or  public  or  municipal 
buildings  in  the  State  of  Illinois  to  use  or  permit  for  use  a  common  drinking 
cup,  glass  or  other  utensil  used  for  public  drinking  purposes. 

3.'f9.  Railroad  Trains  and  Stations. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  corporation  in  charge  of 
or  in  control  of  any  railroad  trains  or  any  station  to  permit  the  use  of  a 
common  drinking  cup,  glass  or  other  utensil  used  for  public  drinking  pur- 
poses in  or  about  any  trains  operated  by  it  or  in  any  building  or  premises 
used  by  it  whatever. 

350.  Public   Buildings,    Railroad    Trains    and    Stations,    Common   Drinking 

Cup,  Furnishing. 
Sec.  3.  No  person,  firm  or  corporation  in  charge  of  or  in  control  of  any 
railroad  train  or  railroad  station,  or  any  public  or  private  school,  or  any 
State  educational  institution,  or  of  any  hall  used  for  public  meetings  or 
entertainments,  or  hotel,  lodging  house,  theatre,  or  factory,  or  of  any  public 
or  municipal  building  in  the  State  of  Illinois  shall  furnish  any  drinking 
cup,  glass  or  other  utensil  used  for  public  drinking  purposes  for  public  use, 
nor  shall  such  person  or  corporation  or  institution  use  or  have  for  use  in  or 
upon  its  premises  any  such  common  drinking  cup. 

351.  Violation  of  Act,  Penalty. 

Sec.  4.  Any  person,  firm  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  Act  shall,  upon  conviction,  be  fined  for  each  offense  the 
sum  of  not  less  than  five  dollars  ($5.00)  nor  more  than  fifty  dollars  ($50.00). 

An  Act  to  regulate  the  pursuit  of  the  business,  art  and  avocation  of  a 
barber,  and  to  insure  the  better  qualifications  of  persons  following  such 
a  business  in  the  State  of  Illinois.  Approved  June  10,  in  force  July  1, 
1909.     Laws  1909,  p.  98. 

352.  Barber   Shops,    Rules    and   Regulations,   Notice,    Quarantine,    Hearing., 

Revocation  of  Certificate. 
Sec.  11.  Said  board  shall  be  authorized  to  adopt  reasonable  rules  pro- 
viding for  the  sanitary  regulation  of  barber  shops,  subject  to  the  approval 
of  the  State  Board  of  Health,  and  shall  have  the  power  to  enter  any  barber 
shop  during  business  hours  for  the  purpose  of  inspection  of  such  shops.  If 
any  shop  be  found  in  an  unsanitary  condition,  or  if  any  barber  working 
therein  has  been  charged  with  imparting  any  contagious  or  infectious  dis- 
ease, the  board  shall  immediately  notify  the  health  officer  thereof,  and  such 
shop  shall  be  quarantined  and  the  barber  so  charged  shall  not  practice  his 
occupation  until  such  quarantine  shall  be  removed  by  the  health  officers. 
Said  board  shall  have  the  power  to  revoke  any  certificate  of  registration 
granted  by  it  under  this  Act,  for  conviction  of  crime,  habitual  drunkenness, 
for  six  months  immediately  before  a  charge  duly  made,  gross  incompetency, 
failure  to  comply  with  the  sanitary  rules  approved  by  the  State  Board  of 
Health  or  for  having  imparted   any   contagious   or   infectious  disease:  Pro- 


100 

vided,  that  before  any  certificate  shall  be  so  revoked,  the  holder  thereoi  shall 
have  notice  in  writing  of  the  charge  or  charges  against  him,  and  at  a  day 
specified  in  said  notice  at  least  five  (5)  days  after  the  service  of  notice 
thereof,  be  given  a  public  hearing  and  be  given  an  opportunity  to  present 
testimony  in  his  behalf,  and  to  confront  the  witnesses  against  him.  Any 
person  whose  certificate  has  been  revoked,  may  after  the  expiration  of 
ninety  (90)  days  apply  to  have  his  certificate  regranted,  and  the  same  shall 
be  regranted  to  him  upon  his  giving  satisfactory  proof  that  his  disqualifi- 
cation has  ceased  to  exist. 

Ax  Act  relating  to  hotels,  inns  and  public  lodging  houses  in  cities,  villages 
and  incorporated  towns  in  the  State  of  Illinois.  Approved  June  25,  in 
force  July  1,  1913.    Laws  1913,  p.  395. 

353.  Hotel  Defined. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  Every  building  or  structure  kept,  used 
or  maintained  as,  or  advertised  as,  or  held  out  to  the  public  to  be  an  inn, 
hotel  or  public  lodging  house  or  place  where  sleeping  accommodations  are 
furnished  for  hire  to  transient  guests,  whether  with  or  without  meals  in 
which  ten  (10)  or  more  rooms  are  used  for  accommodation  of  guests  shall, 
for  the  purpose  of  this  Act,  be  defined  to  be  a  hotel  and  whenever  the  word 
hotel  shall  occur  in  this  Act,  it  shall  be  construed  to  mean  every  such  struc- 
ture as  in  [is]  described  in  this  section. 

35J}.  Bedding,  Requirements. 

Sec.  2.  All  beds  for  accommodation  of  guests  in  any  hotel  shall  be 
provided  with  sufficient  supply  of  clean  bedding  and  with  clean  sheets  each 
of  which  shall  be  at  least  eighty-one  inches  wide  and  ninety-nine  inches 
long.  All  beds  shall  be  provided  with  clean  sheets  as  often  as  the  same 
shall  be  assigned  to  different  persons. 

355.  Toivel  Supply. 

Sec.  3.  Each  and  every  hotel  having  a  public  washroom  shall  keep 
therein  at  all  times  a  sufficient  supply  of  individual  clean  towels  in  a  place 
in  sight  of,  and  easy  [of]  access  to  guests.  Also,  at  least  two  clean  towels 
in  each  room,  each  day. 

356.  Fumigation  of  Rooms. 

Sec.  4.  Whenever  any  room  in  any  hotel  shall  have  been  occupied  by  any 
person  having  a  contagious  or  infectious  disease,  the  said  rooms  shall  be 
thoroughly  fumigated  and  all  bedding  therein  thoroughly  disinfected  before 
said  room  shall  be  occupied  by  any  other  person,  but  in  any  event,  such  room 
shall  not  be  let  to  any  person  for  at  least  forty-eight  hours  after  such 
fumigation  or  disinfection. 

357.  Drainage  and  Plumbing,  Lavatories. 

Sec.  5.  Every  hotel  shall  be  well  drained,  constructed,  and  plumbed  ac- 
cording to  sanitary  rules  to  be  established  by  the  State  Board  of  Health  and 
,  shall  be  kept  clean  and  in  a  sanitary  condition  and  free  from  effiuvia  arising 
from  any  sewer,  drain,  privy  or  other  source  within  the  control  of  the  owner, 
manager,  agent  or  other  person  in  charge;  and  shall  be  provided  with  water 
closets  or  privies  properly  screened  for  the  separate  use  of  males  and  females, 
which  water  closets  or  privies  shall  be  disinfected  as  often  as  may  be  neces- 
sary to  keep  them  at  all  times,  in  a  sanitary  condition. 

358.  Violation,  Penalty. 

Sec.  6.  Every  owner,  manager,  agent  or  person  in  charge  of  a  hotel  who 
shall  fail  to  comply  with  any  of  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  ten  dollars  ($10.00) 
nor  more  than  one  hundred  dollars  ($100.00),  or  shall  be  imprisoned  in  the 
county  jail  for  not  less  than  ten  days  nor  more  than  three  months  or  both, 
and  every  day  that  such  hotel  is  carried  on  in  violation  of  this  Act  shall  con- 
stitute a  separate  offense. 


101 

359.  Posting  Act. 

Sec.  7.  That  [the]  State  Board  of  Health  shall  cause  to  be  printed  and 
shall  forward  to  each  hotel,  inn,  and  public  lodging  house  coming  under  the 
provisions  of  this  Act,  a  sufficient  number  of  copies  of  this  Act,  so  as  to  en- 
able the  management  of  the  said  hotel,  inn,  or  public  lodging  house  to  post 
one  notice  in  a  conspicuous  place  in  each  room  used  for  lodging  purposes,  and 
the  said  management  shall  cause  the  said  notices  so  sent  to  be  posted  as 
provided  for  in  this  section. 

360.  Repeal. 

Sec.  8.  All  Acts  and  parts  of  Acts  inconsistent  herewith  are  hereby 
repealed. 

An  Act  for  the  regulation  and  inspection  of  tenement  and  lodging  houses, 
or  other  places  of  habitation.  Approved  and  in  force  May  30,  1881.  L. 
18S1,  p.  1.55. 

361.  Tenements  and  Lodging  Houses,  Plans  and  Specification,  Approval. 
Sectiox  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  it  shall  be  the  duty  of  any  architect 
or  architects,  builder  or  builders  of,  or  other  person  or  persons  interested  in 
anj'  projected  tenement,  lodging  house,  or  other  places  of  habitation,  in  any 
incorporated  city  of  fifty  thousand  (50,000)  inhabitants,  to  submit  plans  and 
specifications  of  any  such  building  or  buildings  to  the  health  commissioner 
or  commissioners  of  such  incorporated  city  that  the  said  health  commis- 
sioner or^  commissioners  may  examine  the  said  plans  and  specifications,  for 
his  or  their  approval  or  rejection,  as  to  the  proposed  plans  for  the  ventilation 
of  rooms,  light  and  air  shafts,  windows,  ventilation  of  water  closets  drainage 
and  plumbing. 

362.  Plumbing  Work,  Instructions. 

Sec.  2.  It  shall  be  the  duty  of  any  plumber  or  other  person  or  persons 
interested  in  the  contract  for  the  plumbing  work  of  such  building  or  build- 
ings, to  receive  a  written  certificate  of  instruction  from  the  health  com- 
missioner or  commissioners  before  commencing  work  on  the  said  building  or 
buildings,  and  to  proceed  according  to  the  plans,  specifications  and  instruc- 
tions, as  approved  by  the  health  commissioner  or  commissioners  of  said  city. 

363.  Plumbing   Work,   Completion,  Notice,  Inspection. 

Sec.  3.  It  shall  be  the  duty  of  any  plumber  or  other  person  or  persons 
interested  in  the  plumbing  work,  after  the  completion  of  said  plumbing  work, 
and  before  any  of  the  said  plumbing  work  is  covered  up  in  any  building  or 
buildings,  or  on  the  premises  connected  with  said  building  or  buildings,  to 
notify  in  writing  the  health  commissioner  or  commissioners,  that  said  build- 
ing or  buildings,  or  other  premises  are  now  ready  for  inspection,  and  it  shall 
be  unlawful  for  any  plumber  or  other  person  or  persons  to  cover  up,  or  in 
any  way  conceal  such  plumbing  work  in  or  about  such  building  or  buildings, 
until  the  health  commissioner  or  commissioners  approve  of  the  same. 

36-'/.  Architect;  Penalty. 

Sec.  4.  If  any  architect  or  architects,  builder  or  builders,  violate  the 
provisions  of  this  Act,  he  or  they  shall  be  fined  in  a  sum  not  less  than  one 
hundred  (100)  nor  more  than  two  hundred  (200)  dollars  for  each  offense. 

365.  Plumber,  Penalty. 

Sec.  .5.  If  any  plumber  or  other  peneon  or  persons  interested  in  the 
plumbing  work,  violate  any  of  the  provisions  of  this  Act,  he  or  they  shall  be 
fined  in  the  sum  not  less  than  one  hundred  (100)  nor  more  than  two  hun- 
dred (200)  dollars  for  the  first  offense,  and  the  further  penalty  of  ten  dollars 
($10)  for  each  and  everj^  day  such  plumbers  or  other  interested  person  or 
persons  shall,  after  first  conviction,  neglect  or  refuse (al)  to  comply  with 
any  provisions  of  this  Act,  or  the  written  instructions  of  the  health  com- 
missioner or  commissioners,  and  for  the  second  offense,  a  like  penalty  and  a 


103 

forfeiture  of  his  or  their  license  to  do  business  in  said  city  for  one  (1)  year 
after  conviction. 

Sec.  6.   (Emergency.) 

''Ax  Act  to  regulate  the  manufacture  of  clothing,  icearing  apparel  and  other 
articles  in  this  State,  and  to  provide  for  the  appointment  of  State  inspect- 
ors to  enforce  the  same  and  to  maTce  an  appropriation  therefor.  Approved 
June  17,  1893,  in  force  July  1,  1893.     L.  1893,  p.  99. 

366.  Workshops,   Tenements,  Inspection,  Reports. 

Sectiox  1.  Be  it  enacted  iy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  (a)  That  no  room  or  rooms,  apartment 
or  apartments  in  any  tenement  or  dwelling  house  used  for  eating  or  sleeping 
purposes,  shall  be  used  for  the  manufacture,  in  whole  or  in  part,  of  coats, 
vests,  trousers,  knee-pants,  overalls,  cloaks,  shirts,  ladies'  waists,  purses, 
feathers,  artificial  flowers  or  cigars,  except  by  the  immediate  members  of  the 
family  living  therein. 

(b)  Every  such  workshop  shall  be  kept  in  a  cleanly  state,  and  shall 
be  subject  to  the  provisions  of  this  Act,  and  each  of  said  articles  made, 
altered,  repaired  or  finished  in  any  of  such  workshops  shall  be  subject  to 
inspection  and  examination,  as  hereinafter  provided,  for  the  purpose  of  ascer- 
taining whether  said  articles,  or  any  of  them,  or  any  part  thereof,  are  in  a 
cleanly  condition  and  free  from  vermin  and  any  matter  of  an  infectious  and 
contagious  nature. 

(c)  And  every  person  so  occupying  or  having  control  of  any  workshop 
as  aforesaid,  shall  within  fourteen  days  from  the  taking  effect  of  this  Act,  or 
from  the  time  of  beginning  of  work  in  any  workshop  as  aforesaid,  notify  the 
board  of  health  of  the  location  of  such  workshop,  the  nature  of  the  work  there 
carried  on,  and  the  number  of  persons  therein  employed. 

367.  State  Inspector,  Powers  and  Duties. 

Sec.  2.  If  the  board  of  health  of  any  city  or  said  State  inspector  finds- 
evidence  of  infectious  or  contagious  diseases  present  in  any  workshop,  or  in 
goods  manufactured  or  in  process  of  manufacture  therein,  and  if  said  board 
or  inspector  shall  find  said  shop  in  an  unhealthy  condition,  or  the  clothing 
and  materials  used  therein  to  be  unfit  for  use,  said  board  or  inspector  shall 
issue  such  order  or  orders  as  the  public  health  may  require,  and  the  board 
of  health  are  hereby  enjoined  to  condemn  and  destroy  all  such  infectious  and 
contagious  articles. 

368.  Imported  Goods,  Inspection,  Disposal. 

Sec.  3.  (a)  Whenever  it  shall  be  reported  to  said  inspector  or  to  the 
board  of  health,  or  either  of  them,  that  coats,  vests,  trousers,  knee-pants, 
overalls,  cloaks,  shirts,  ladies'  waists,  purses,  feathers,  artificial  fiowers  or 
cigars  are'  being  transported  to  this  State,  having  been  previously  manufac- 
tured in  whole  or  part  under  unhealthy  conditions,  said  inspector  shall 
examine  said  goods  and  the  condition  of  their  manufacture. 

(b)  And  if  upon  such  examination  said  goods,  or  any  of  them,  are  found 
to  contain  vermin,  or  to  have  been  made  in  improper  places  or  under  un- 
healthy conditions,  he  shall  make  report  thereof  to  the  board  of  health,  or 
inspector,  which  board  or  inspector  shall  thereupon  make  such  order  or 
orders  as  the  public  health  shall  require,  and  the  board  of  health  are  hereby 
empowered  to  condemn  and  destroy  all  such  articles. 

36.9.  Employment  of  Children,  Registry,  Inspection. 

Sec.  4.  (a)  No  child  under  fourteen  years  of  age  shall  be  employed  in  any 
manufacturing  establishment,  or  f9,ctory  or  workshop  within  this  State. 

(b)  It  shall  be  the  duty  of  every  person,  firm  or  corporation,  or  agent 
or  manager  of  any  corporation  employing  children  to  keep  a  register  in 
which  shall  be  recorded  the  name,  birthplace,  age  and  place  of  residence  of 
every  person  employed  by  him,  them  or  it  under  the  age  of  sixteen  years ;  and 
it  shall  be  unlawful  for  any  person,  firm  or  corporation,  or  any  agent  or  man- 


2'  This   act   was   taken   from    the   Pamphlet 
compiled   for  the   Department   of   Labor. 


103 

ager  of  any  corporation,  to  hire  or  employ  in  any  manufacturing  establish- 
ment, factory  or  workshop  any  child  over  the  age  of  fourteen  years  and  under 
the  age  of  sixteen  years,  unless  there  is  first  provided  and  placed  on  file  an 
affidavit  made  by  the  parent  or  guardian,  stating  the  age,  date  and  place  of 
birth  of  said  child;  if  said  child  have  no  parent  or  guardian,  then  such  affi- 
davit shall  be  made  by  the  child,  which  affidavit  shall  be  kept  on  file  by  the 
employer,  and  which  said  register  and  affidavit  shall  be  produced  for  inspec- 
tion on  demand  by  the  inspector,  assistant  inspector  or  any  of  the  deputies 
appointed  under  this  Act. 

(c)  The  factory  inspector,  assistant  inspector  and  deputy  inspectors 
shall  have  power  to  demand  a  certificate  of  physical  fitness  from  some 
regular  physician  of  good  standing  in  case  of  children  who  may  appear  to 
him  or  her  physically  unable  to  perform  the  labor  at  which  they  may  be 
engaged,  and  shall  have  power  to  prohibit  the  employment  of  any  minor 
that  can  not  obtain  such  a  certificate. 

Sec.  5.   (Invalid.)  ^ 

210.  Hours  of  Labor,  Notice,  Evixiloyment  List,  Posting. 

Sec.  6.  Every  person,  firm  or  corporation,  agent  or  manager  of  a  cor- 
poration employing  any  female  in  any  manufacturing  establishment,  factory 
or  workshop,  shall  post  and  keep  posted,  in  a  conspicuous  place  in  every  room 
where  such  help  is  employed,  a  printed  notice  stating  the  hours  for  each  day 
of  the  week  between  which  work  is  required  of  such  persons,  and  in  every 
room  where  children  under  sixteen  years  of  age  are  employed  a  list  of  their 
names,  ages  and  place  of  residence. 

811.  Terms  Defined,  List  of  Workshops. 

Sec.  7.  (a)  The  words  "manufacturing  establishment,"  "factory"  or 
"workshop,"  wherever  used  in  this  Act,  shall  be  construed  to  mean  any  place 
where  goods  or  products  are  manufactured  or  repaired,  cleaned,  -or  sorted,  in 
whole,  or  in  part,  for  sale,  or  for  wages. 

(b)  Whenever  any  house,  room  or  place  is  used  for  the  purpose  of  car- 
rying on  any  process  of  making,  altering,  repairing  or  finishing  for  sale,  or 
for  wages,  any  coats,  vests,  trousers,  knee-pants,  overalls,  cloaks,  shirts, 
ladies'  waists,  purses,  feathers,  artificial  flowers  or  cigars,  or  any  wearing 
apparel  of  any  kind  whatsoever,  intended  for  sale,  it  shall,  within  the  mean- 
ing of  this  Act,  be  deemed  a  workshop  for  the  purposes  of  inspection. 

(c)  And  it  shall  be  the  duty  of  every  person,  firm  or  corporation  to 
keep  a  complete  list  of  all  such  workshops  in  his,  their  or  its  employ,  and 
such  list  shall  be  produced  for  inspection  on  demand  by  the  board  of  health 
or  any  of  the  officers  thereof,  or  by  the  State  inspector,  assistant  inspector 
or  any  of  the  deputies  appointed  under  this  Act. 

372.  Penalty. 

Sec.  8.  Any  person,  firm  or  corporation  who  fails  to  comply  with  any 
provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars  for  each  offense. 

Sec.  9.   (Repealed  by  implication). 

373.  Appropriation. 

Sec.  10.  That  the  following  named  sums,  or  so  much  thereof  as  may  be 
necessary,  respectively  for  the  purposes  hereinafter  named,  be  and  are 
hereby  appropriated: 

First.   (Invalid.)  =' 

Second.  The  sum  of  eight  thousand  dollars  to  defray  traveling  expenses 
and  other  necessary  expenses  incurred  by  said  inspector,  assistant  factory 

^  This    section    prohibits    the    employment  29  xhe  first   clause   of  this  section   was  de- 

of  women  in  factories  or  workshops  for  longer  clarcd   unconstitutional   on   the   ground   that   it 

periods   than   eight  hours  in   one   day,    and   was  appropriated    a    sum    of    money   for   salaries    of 

deolared    invalid.      Ritchie    v.    People    (1895),  state   officers    in    an    Act    embracing   other   sub- 

1.55  111.  98,  102,  et  seq. ;  Sec.  2,  Art.  2,  Const.  jects  than  such  appropriation.     Ritchie  v.   Peo- 

1870;     14th    Amendment    to    Federal    Constitu-  pie    (1895),    155    111.    98,    121;    Sees.    13,    16, 

tion.  Art.    4,    Const.    1870. 


.104 

iuspector  or  deputy  inspectors  while  engaged  in  the  performance  of  their 
duties,  not  to  exceed  four  thousand  dollars  in  any  one  year. 

SlJf.  Warrants. 

Sec.  11.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and 
directed  to  draw  warrants  on  the  State  Treasurer  for  the  sums  herein 
specified,  upon  the  presentation  of  proper  vouchers,  and  all  sums  herein 
appropriated  shall  be  paid  upon  monthly  pay  rolls,  duly  certified  by  the 
inspector,  and  the  State  Treasurer  shall  pay  the  same  out  of  the  proper 
funds  in  the  treasury  not  otherwise  appropriated.  Such  warrants  shall  be 
drawn  in  favor  and  payable  to  the  order  of  the  person  entitled  thereto. 

An  Act  to  lirovicle  for  the  licensing  of  i^lumljers,  and  to  provide  for  the 
supervision  and  inspection  of  plumMng  and  providing  penalties  for 
the  violation  thereof,  and  to  repeal  an  Act  entitled  "■An  Act  to  pro- 
vide for  the  licensing  of  plumhers  and  to  supervise  and  inspect  plumb- 
ing" approved  June  10,  in  force,  July  1,  1891,  and  all  amendments' 
thereto  and  all  Acts  and  parts  of  Acts  inconsistent  heretoith.  Filed 
June  29,  in  force  July  1,  1917.    Laws  1917,  p.  520. 

375.  PlumMng  Work  and  Sewage  Regulations. 

Sec.  5.  Each  city,  town  or  village  in  this  State  having  a  system  of  water 
supply  or  sewerage,  shall  by  ordinance  or  by-law  within  three  months  of  the 
passage  of  this  Act  and  with  the  advice  of  the  Department  of  Public  Health, 
prescribe  rules  and  regulations  for  the  materials,  constructions,  alteration 
and  inspection  of  all  plumbing  and  sewerage  placed  in  or  in  connection  with 
any  building  in  such  city,  town  or  village;  and  the  board  of  health  or  proper 
authorities  shall  further  provide  that  no  plumbing  work  shall  be  done  except 
in  case  of  repairing  of  leaks  without  a  permit  being  first  issued  therefor  and 
upon  such  terms  and  conditions  as  such  city,  town  or  village  shall  pre- 
scribe. 

An  Aot  to  regulate  the  making,  re-making  and  renovation  of  mattresses, 
quilts,  or  bed  comforters,  and  regulating  the  sale  thereof,  and  providing 
a  punishment  for  a  violation  thereof.  Approved  June  29,  in  force  Jtcly  1, 
1915.     L.  1915,  p.  375. 

376.  Mattresses.^" 

EMBALMING,   POISONS   AND   NUISANCES. 
An  Act  to  revise  the  law  in  relation  to  coroners.    Approved  February  6,  in 

force  July  1,  1874. 

377.  Inquest,  Embalming,  Coroner's  Permission,  Penalty. 

Sec.  25.  No  undertaker  or  other  person  shall  embalm  the  dead  body  of 
any  person  with,  or  inject  therein,  or  place  thereon  any  fluid  or  preparation 
of  any  kind-  before  obtaining  permission  from  the  coroner  where  such  body 
is  the  subject  of  a  coroner's  inquest.  Any  person  who  shall  violate  the  pro- 
vision of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  exceeding  fifty  dollars  ($50.00).  (Added  by 
Act  approved  May  17,  in  force  July  1,  1907.     L.  1907,  p.  214.) 

Ax  Act  to  regulate  the  manufacture,  sale,  use  or  disposal  of  embalming 
fluids,  containing  arsenic  or  strychnine,  and  providing  for  a  penalty 
for  the  violation  thereof.  Approved  May  20,  in  force  July  1,  1907. 
L.  1907,  p.  267. 

378.  Embalming  Fluid,  Manufacture,  Labeling. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented  in   the    General   Assembly:     That   no    person,    firm,    corporation    or 


^^  This    act   consisting   of    four    sections   is  to    reasonable   regulation.      Although    section   3 

omitted    for    the    reason    that    in    People    v.  was    treated    as    a    valid    provision,    the    state- 

Weiner    (1915),    271   111.    74,   sections   1   and    2  ment   in   the   opinion   that   the   act   amounts   to 

of    said    Act    are    expressly    declared    invalid    as  class  legislation   justifies  considering  and   treat- 

an     absolute    or    unconditional    prohibition    of  ing    the    entire    act    as    unconstitutional, 
the    conduct    of    a    business    which    is    subject 


1'05 

copartnership  shall  manufacture,  give  away,  sell,  expose  for  sale  or  deliver, 
any  embalming  fluid  or  other  fluid  of  whatsoever  name,  to  be  used  for  or  in- 
tended for  use  in  the  embalming  of  dead  human  bodies,  which  contains 
arsenic  or  strychnine,  without  having  the  words  "Arsenic  contained  herein," 
or  "Strychnine  contained  herein"  (as  the  case  may  be)  written  or  printed 
upon  a  label  pasted  on  the  bottle,  cask,  flask  or  carboy,  in  which  said  fluid- 
shall  be  contained. 

37.9.  Emtalming  Fluid,  Use  by  Undertakers. 

Sec.  2.  No  undertaker  or  other  person  shall  embalm  with,  inject  into,  or 
place  upon,  any  dead  human  body,  any  fluid  or  preparation  of  any  kind 
which  contains  arsenic  or  strychnine. 

380.  Violation,  Penalty. 

Sec.  3.  Any  person,  flrm,  corporation  or  copartnership  who  shall  violate 
any  provisions  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  not  less  than  fifty  dollars  ($50.00). 

An  Act  to  regulate  the  sale  of  imris  green.    Apjoroved  April  22,  in  force  July 
1,  1907.     L.  1907,  p.  267. 

381.  Paris  Greeti,  Quality,  Labeling,  Sale. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  every  lot  or  parcel  of  Paris  green 
sold,  or  offered  or  exposed  for  sale,  within  the  State  shall  have  affixed  thereto 
in  a  conspicuous  place  a  printed  label  bearing  the  words,  "High  grade,  for 
insecticide  purposes,"  or  the  words,  "Not  for  insecticide  purposes,"  and 
every  package  labeled  as  of  high  grade  for  insecticide  purposes  shall  have 
affixed  thereto  a  plainly  printed  statement  clearly  and  truly  certifying  the' 
name,  brand,  or  trade-mark  under  which  the  article  is  sold,  the  name  and: 
address  of  the  manufacturer,  importer,  or  dealer,  the  net  weight  of  the' 
package,  and  the  percentage  of  arsenic  in  combination  with  copper  which  the 
Paris  green  in  said  package  contains.  If  the  Paris  green  is  sold  in  bulk  for 
insecticide  purposes,  or  if  it  is  put  up  in  packages  and  sold  at  retail  to  the 
purchaser,  the  agent  or  dealer  shall  furnish  the  purchaser  with  the  label  and 
statement  described  in  this  section,  and  it  shall  be  unlawful  to  sell,  or  to 
offer  or  expose  for  sale  as  of  high  grade  for  insecticide  purposes,  any  Paris 
green  which  does  not  contain  arsenic  in  combination  with  copper  equivalent 
to  at  least  fifty  (50)  per  cent,  of  arsenious  trioxide,  or  which  contains  arsenic 
in  water-soluble  forms,  equivalent  to  more  than  three  and  one-half  (3%) 
per  cent,  of  arsenious  trioxide. 

382.  Penalty. 

S'EC.  2.  Any  manufacturer,  importer,  agent  or  other  person  selling,  offer- 
ing, or  exposing  for  sale,  any  Paris  green  without  the  label  required  by  sec- 
tion one  of  this  Act,  or  selling,  offering,  or  exposing  for  sale  as  of  high 
grade  for  insecticide  purposes,  any  Paris  green  without  the  printed  statement 
required  by  section  one  of  this  Act,  or  with  a  label  stating  that  the  said 
Paris  green  contains  substantially  a  larger  percentage  of  arsenic  in  com- 
bination with  copper  than  is  actually  present  therein,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than 
fifty  dollars  ($50.00)  nor  more  than  two  hundred  dollars  ($200.00)  for  each 
offense. 

383.  Prosecution,  State's  Attorney. 

Sec.  3.  It  shall  be  the  duty  of  the  State's  attorney  of  each  county  to 
prosecute  the  person  or  persons  violating  any  provisions  of  this  Act. 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence.     Approved 
March  27,  in  force  July  1,  1874. 

384.  Nuisance  Defined. 

Sec.  221.  It  is  a  public  nuisance: 

1.  To  cause  or  suffer  the  carcass  of  any  animal  or  any  offal,  filth  or 
noisome  substance  to  be  collected,  deposited  or  to  remain  in  any  place,, 
to  the  prejudice  of  others. 


106 

2.  To  throw  or  deposit  any  offal  or  other  offensive  matter,  or  the  car- 
cass of  any  dead  animal,  in  any  water  course,  lake,  pond,  spring,  well  or 
common  sewer,  street  or  public  highway. 

3.  To  corrupt  or  render  unwholesome  or  impure  the  water  of  any 
spring,  river,  stream,  pond  or  lake,  to  the  injury  or  prejudice  of  others. 

4.  To  obstruct  or  impede,  without  legal  authority,  the  passage  of  any 
navigable  river  or  waters. 

5.  To  obstruct  or  encroach  upon  public  highways,  private  ways,  streets, 
alleys,  commons,  landing  places,  and  ways  to  burying  places. 

6.  To  carry  on  the  business  of  manufacturing  gunpowder,  nitro-glycerine, 
or  other  highly  explosive  substances,  or  mixing  or  grinding  the  materials 
therefor,  in  any  building  within  twenty  rods  of  any  valuable  building 
erected  at  the  time  such  business  may  be  commenced. 

7.  To  establish  powder  magazines  near  incorporated  towns,  at  a  point 
different  from  that  appointed  according  to  law  by  the  corporate  authorities 
of  the  town,  or  within  fifty  rods  of  any  occupied  dwelling  house. 

8.  To  erect,  continue  or  use  any  building  or  other  place  for  the  exer- 
cise of  any  trade,  employment  or  manufacture,  which,  by  occasioning  nox- 
ious exhalations,  offensive  smells  or  otherwise,  is  offensive  or  dangerous  to 
the  health  of  individuals,  or  of  the  public. 

9.  To  advertise  wares  or  occupation  by  painting  notices  of  the  same  on, 
or  affixing  them  to  fences  or  other  private  property,  or  on  rocks  or  other 
natural  objects,  without  the  consent  of  the  owner,  or  if  in  the  highway  or 
other  public  place,  without  permission  of  the  proper  authorities:  Provided, 
that  nothing  in  this  section  contained  shall  be  construed  to  prevent  the 
municipal  authorities  of  any  incorporated  city,  town  or  village  from  de- 
claring what  shall  be  nuisances,  and  abating  the  same  within  their  limits. 

3S5.  Penalties. 

Sec.  222.  Whoever  causes,  erects  or  continues  any  such  nuisance  shall, 
for  the  first  offense,  be  fined  not  exceeding  $100,  and  for  a  subsequent  offense 
shall  be  fined  in  a  like  amount,  and  confined  in  the  county  jail  not  exceeding 
three  months.  Every  such  nuisance,  when  a  conviction  therefor  is  had 
in  a  court  of  record  may,  by  order  of  the  court  before  which  the  conviction 
is  had,  be  abated  by  the  sheriff  or  other  proper  officer,  at  the  expense  of 
the  defendant,  and  it  shall  be  no  defense  to  any  proceeding  under  this 
section,  that  the  nuisance  is  erected  or  continued  by  virtue  or  permission  of 
any  law  of  this  State. 

An  Act  to  establish  a  military  and  naval  code  for  the  State  of  Illinois,  and 
to  repeal  all  Acts  in  conflict  herewith.  Approved  June  10,  in  force 
July  1,  1909.     Laws  1909,  p.  437. 

386.  Nuisance  Near  Encampment  Defined,  Penalty. 

Article  VI,  Sec.  21.  Any  filth,  offal,  or  any  putrid,  or  decaying  matter, 
material  or  substance  of  any  kind,  which  constitutes  a  menace  to  public 
health  or  will  be  offensive  to  the  senses  of  human  beings,  deposited  in  any 
building,  structure  or  enclosure,  or  on  any  premises,  or  in  any  place  within 
one-half  mile  of  any  National  Guard  camp  grounds,  rifie  range,  or  building, 
or  enclosure  occupied  and  used,  or  about  to  be  occupied  or  used  by  ^any 
troop  or  troops  of  soldiers,  or  the  Illinois  National  Guard,  in  the  service 
of  the  State  or  National  government,  or  which  may  be  called  into  the  service 
of  either,  is  hereby  declared  to  be  a  common  nuisance,  and  the  State  Board 
of  Health  or  the  Department  of  Public  Health  is  hereby  empowered  to  deter- 
mine whether  such  nuisance  exists,  and  if  found  to  exist  to  forthwith,  in 
writing,  order  the  person,  firm,  association  or  private,  public  or  municipal 
corporation,  as  the  case  may  be,  to  immediately  abate  such  nuisance;  and 
upon  failure  of  any  such  person,  firm,  association  of  persons,  or  such  private, 
public  or  municipal  corporation  to  immediately  obey  such  order,  the  State 
Board  of  Health,  or  the  Department  of  Public  Health  shall  have  the  power, 
and  it  is  hereby  made  its  duty,  summarily  to  abate  such  common  nuisance; 
and  the  person  or  persons,  firm  (,)  association,  or  private,  public  or  munici- 
pal corporation  responsible  for  such  common  nuisance;    (,)  shall  be  liable  for 


107 

the  cost  and  expense  of  such  abatement  in  an  action  therefor  at  the  suit  of 
the  People  of  the  State  of  Illinois. 

Any  person  or  persons,  either  individually  or  as  oflBcers  of  any  private, 
public  or  municipal  corporation  creating  or  maintaining,  or  responsible  for 
the  creation  or  maintenance  of  such  common  nuisance,  or  failing,  or  refusing 
to  immediately  abate  the  same  upon  the  written  order  of  the  State  Board  of 
Health,  or  the  Department  of  Public  Health,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  to  exceed  thirty  days,  or  by  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court.  (Added  by  Act  approved  and  in  force  May  5,  1917. 
L.  1917,  p.  784.) 

CITIES  AND  VILLAGES. 

.  An  Act  to  inovide  for  the  incori^oration  of  cities  and  villages.    Approved 

April  10,  in  force  July  1,  1812.    L.  1811-2,  p.  218. 

381.  General  Health  Poioers  and  Jurisdiction. 

Akticle  V.  Sec.  1.  The  city  council  in  cities,  and  the  president  and  the 
board  of  trustees  in  villages,  shall  have  the  following  powers:     *     *     * 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of  gas  or 
water  mains  and  pipes,  and  the  building  and  repairing  of  sewers,  tunnels 
and  drains,  and  erecting  gas  lights:  Provided,  however,  that  any  company 
heretofore  organized  under  the  general  laws  of  this  State,  or  any  association 
of  persons  organized  or  which  may  be  hereafter  organized  for  the  purpose 
of  manufacturing  illuminating  gas  to  supply  cities  or  villages,  or  the  in- 
habitants thereof,  with  the  same,  shall  have  the  right  by  consent  of  the 
common  council  (subject  to  existing  rights),  to  erect  gas  factories,  and  lay 
down  pipes  in  the  streets  or  alleys  of  any  city  or  village  in  this  State,  sub- 
ject to  such  regulations  as  any  such  city  or  village  may  by  ordinance  im- 
pose.    *     *     * 

Fifteenth — 'To  regulate  and  prevent  the  throwing  or  depositing  of  ashes, 
offal,  dirt,  garbage,  or  any  offensive  matter  in,  and  to  prevent  injury  to  any 
street,  avenue,  alley,  or  public  ground.     *     *     * 

Ttventy-seventh —  *  *  *  To  compel  and  require  railroad  companies 
to  make  and  keep  open  and  to  keep  in  repair  ditches,  drains,  sewers  and 
culverts  along  and  under  their  railroad  tracks  so  that  filthy  or  stagnant 
pools  of  water  can  not  stand  on  their  grounds  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded.     *     *     * 

Ttventy-ninth — To  construct  and  keep  in  repair  culverts,  drains,  sew- 
ers and  cesspools  and  to  regulate  the  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change  chan- 
nel of  water  courses.     *     *     * 

Fortieth — To  provide  for  the  cleansing  and  purification  of  waters,  water 
courses  and  canals,  and  the  draining  or  filling  of  ponds  on  private  property, 
whenever  necessary  to  prevent  or  abate  nuisances.     *     *     * 

Forty-ninth — To  establish  markets  and  market-houses,  and  provide 
for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter,  cheese, 
lard,  vegetables,  and  all  other  provisions,  and  to  provide  for  place  and  man- 
ner of  selling  the  same.     *     *     * 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  bread  in  the  loaf. 

Fifty-third — To  provide  for,  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour,  meal  and 
other  provisions.     *     *     * 

Fifty-seventh — To  regulate  the  construction,  repairs  and  use  oi  vaults, 
cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters.     *     *     * 

Seventy-fifth— To  declare  what  shall  be  a  nuisance,  and  to  abate  the 
same;  and  to  impose  fines  upon  parties  who  may  create,  continue  or  suffer 
nuisances  to  exist. 


108 

Seventy-sixth— -To  appoint  a  board  of  health,  and  prescribe  its  powers 
and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medical  dis- 
pensaries, and  to  regulate  hospitals,  medical  dispensaries,  sanatoria  and 
undertaking   establishments,   and   to   direct  the   location   thereof. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which  may  be 
necessary  or  expedient  for  the  promition  of  health  or  the  suppression  of 
disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries  within  or  without 
the  corporation,  and  acquire  lands  therefore  (therefor,)  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their  establish- 
ment within  one  mile  of  the  corporation.     *     *     * 

Eighty-first — To  direct  the  location  and  regulate  the  management  and 
construction  of  packing  houses,  renderies,  tallow  chandleries,  bone  fac- 
tories, soap  factories,  and  tanneries,  within  the  limits  of  the  city  or  vil- 
lage, and  within  the  distance  of  one  mile  without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and  con- 
struction of  breweries,  distilleries,  livery,  boarding  or  sale  stables,  black- 
smith shops,  foundaries,  machine  shops,  garages,  laundries,  and  bathing 
beaches,  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  business  or 
establishment  within  or  within  one  mile  of  the  limits  of  the  corporation. 

Eighty -fourth — To  compel  the  owner  of  any  grocery,  cellar,  soap  or  tal- 
law  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other  unwholesome 
or  nauseous  house  or  place,  to  cleanse,  abate,  or  remove  the  same,  and 
to  regulate  the  location  thereof.     *     *     * 

Eighty-ninth — The  city  council  shall  have  power,  by  condemnation  or 
otherwise,  to  extend  any  street,  alley  or  highway  over  or  across,  or 
to  construct  any  sewer  under  or  through  any  railroad  track,  right  of  way, 
or  land  of  any  railroad  company  (within  the  corporate  limits) ;  but  where 
no  compensation  is  made  to  such  railroad  company  the  city  shall  restore 
such  railroad  track,  right  of  way  or  land  to  its  former  state,  or  in  a 
sulficient  manner  not  to   have  impaired  its  usefulness. 

An  Act  to  define  the  jurisdiction  of  the  cities  and  incorporated  towns  T^order- 
ing  on  the  Ohio  river.  Approved  March  26,  in  force  July  1,  1812.  Laws 
1811-2,  p.  518. 

388.  Ohio  River,  Adjacent  Cities,  Jurisdiction. 

Sectiox  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly :  That  each  of  the  several  cities  and  incor- 
porated towns  of  this  State,  lying  on  the  Ohio  river,  and  bounded  thereby, 
are  hereby  invested  with  jurisdiction  over  their  river  fronts,  and  sliall  have 
jurisdiction  over  the  waters  of  said  river,  in  all  cases  occurring  on  said 
river,  and  opposite  to  each  of  said  cities  or  incorporated  towns,  coextensive 
with  the  jurisdiction  of  the  several  counties  in  this  State  in  which  said 
cities  or  incorporated  towns  may  lie:  Provided,  nothing  herein  contained 
shall  be  construed  so  as  to  extend  the  jurisdiction  of  said  cities  or  incor- 
porated towns  over  any  islands  in  said  river  included  within  the  corporated 
limits  of  any  county  in  the  state  of  Kentucky. 

S89.  Ordinances,  Jurisdiction. 

Aeticle  III.  Sec.  16.  The  city  council  and  board  of  trustees  shall  also 
have  jurisdiction  in  and  over  all  places  within  one-half  mile  of  the  city  or 
village  limits,  for  the  purpose  of  enforcing  health  and  quarantine  ordinances, 
and  regulations  thereof. 

An  Act  to  define  the  jurisdiction  of  cities  and  incorporated  towns  and  vil- 
lages lying  in  different  counties.  Approved  June  18,  in  force  July  1, 
1891.    Laws  1891,  p.  W. 

390.  Ordinance,  Extra-Territorial  Jurisdiction. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:    That  cities  and  incorporated  towns  and 


109 

villages  which  are  now  or  which  may  hereafter  be  incorporated  or  extended 
Into  different  counties,  shall  have  the  right  to  extend  and  enforce  their  ordi- 
nances over  the  entire  territory  embraced  within  the  limits  of  such  cities, 
incorporated  towns  or  villages  for  all  municipal  purposes. 

Ax  Act  to  extend  the  jiirisdiction  of  toions  and  cities  on  any  river  within 
or  on  the  borders  of  this  State,  for  the  jmrpose  of  police  regulations^ 
Approved  and  in  force  February  15,  I860.  L.  1865,  p.  111. 

3.91.  Territorial  Jurisdiction,  Boats  and  Steamers. 

Sbctiox  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  cities  and  towns  on  any  river  within 
or  on  the  borders  of  this  State,  shall  have  the  right  to  extend  and  enforce 
their  ordinances  so  as  to  include  any  boat  or  other  floating  structure,  which 
shall  be  kept  within  two  miles  of  the  city  or  town  limits,  as  a  place  for 
drinking  spirituous  liquors,  or  for  gaming,  or  for  the  purpose  of  prostitu- 
tion: Provided,  no  authority  shall  be  given  by  this  law,  beyond  what  the 
law  now  authorizes,  to  interfere  with  any  steamer  or  other  boat,  the  usual 
business  of  which  is  the  carrying  of  freight  or  passengers. 


110 


INDEX. 


(References  are  to  pages  and  paragraphs  in  parentheses.) 


Accoucheurs,    See    Registration    Books 

Adulteration,   bread,   84    (284) 

butter,  85   (286) 

butter,  foreign  substance,  stamp- 
ing or  labeling,  85    (291) 

candy,   84    (284) 

cheese,  85   (286) 

cheese,  foreign  substance,  stamp- 
ing or  labeling,   85    (291) 

cider  vinegar,  88,   (303) 

defenses,   86    (293) 

defined,  59   (180) 

diseased  cows,  86    (297) 

drink  or  medicine,  stamping  or 
labeling,   85    (290) 

drug  or  medicine,  85  (289),  86 
(2-90) 

foods,  use  of  injurious  substance, 
85    (288) 

impure  cows'  food,  penalty,  87 
(298) 

liquor,   84    (285) 

Milk  Act,  violation,  judgment, 
costs  and  imprisonment,  87  (301) 

milk  adulterants   defined,    88    (302) 

milk,  strippings.  diseased  'cows, 
penalty,  86   (297) 

prosecutions,   86    (294) 

skim  milk,  marking,  penalty,  87 
(300) 

strippings,  86   (297) 

"swill,"  defined,   88    (302) 

unwholesoine  vinegar  defined,  .88 
(304) 

violation  of  act,  penalty,  86  (292) 

Almhouses,    See   Births   and   Deaths 

Animal   Inspection,   killing  of  diseased 
animals,  disposition,  81   (267) 
State  Veterinarian,  81   (266) 
.    violation  of  act,   penalty,   82   (268) 

»Animals'  Contagious  Diseases,  affected 
districts,  46   (133),  47  (134) 

appraisal,  44    (132) 

certificate  of  health,  requirements, 
48    (139) 

concealment  of  disease  in  animals, 
penalty,  47   (136) 

exchange  of  cattle,  48   (138) 

importation  of  bulls,  etc.,  certifi- 
cate of  health,  48    (137) 

importation,  penalty,   47    (134) 


Animals'    Contagious    Diseases,    affected 
districts — Concluded, 
investigation,    44    (132) 
proclamation,  46   (133),  47  (134) 
quarantine,   44    (132),   46    (133) 
removal    of    diseased    animals,    47 

(135) 
report  of  contagious  diseases,  etc., 

46    (133) 
slaughter  of  animals,  44   (132) 
transportation    of    cattle,    permits,. 

48    (140) 
tuberculin  test,  consent,  49   (143) 
tuberculin    tested    cattle,    sale,    4& 

(142) 
tuberculin    test,    expense,    lien,    49 

(141) 
See  Dairy  Cattle 

Annual  Report,  births  and  deaths  and 
other  data,  preparation  and  publica- 
tion,   31    (78) 

date  of  making  and   requirements, 

12    (10) 
State  Board  of  Health,  contents,  IS 
(28) 
Anticipation    Warrants,    public    health 

districts,  25   (59) 
Anti-Toxin,     agents,     appointment,     20 
(33) 

agents'  duty,   20    (33) 
appropriations,  manner  of  making, 
20    (33) 
Appropriations,   See  Anti-Toxin 
Ashes,    See   Garbage 

Attorney  General.  Vital  Statistics  Act, 
duty  to  assist  in  enforcement  of,  34 
(83) 


Bakery  Act,  72' 

Barber      Shops,      quarantine,      hearing, 
revocation  of  certificate,   99   (352) 
rules     and     regulations,     adoption, 
99   (352) 

Births   and   Deaths,    almhouses,    statis- 
tical particulars,  record,   30    (77) 
alteration,   marginal   notes   on  cer- 
tificates  or  report  does  not  con- 
stitute,  33    (82) 
altering     or    falsifying    certificate 
of     birth,      stillbirth      or     death, 
penalty,   33    (82) 
birth  certificate,  copies,  31   (79) 
birth  certificate,  filing,  29    (73) 
birth    certificate,    incomplete,    sup- 
plemental report,  30   (75) 


Ill 


INDEX — Continued. 


Biiths  and  Deaths,  almhouses,  statis- 
tical   particulars,     record — Continued. 

birth  certificate,  numbering-.  31 
(79) 

birth  certificate,  original  trans- 
mission,  31    (79) 

birth  certificate,  prescribing-  form, 
29    (73),   30    (74) 

birth  certificate,  registrar's  fees, 
32    (SO) 

birtli  certificate,  requirements,  30 
(74) 

birth  certificate,  special,  scope,  33 
(81) 

births,  postal  card  report,  29    (73) 

births,  registration,   29   (73) 

births,  reporting,   29    (73) 

births'  reports,  irregularities,  af- 
fidavit, 30   (75) 

blanks,  use  of,   31   (78) 

burial  or  removal  permit,  failure 
to  obtain,  penalty,   33    (82) 

burial  or  removal  permits,  nota- 
tion and  return,   29    (72) 

burial  permit,  issuance,  27   (65) 

burial  permit,  requirements  in 
case  interment  is  in  the  State, 
29    (71) 

burial  permit,  obtaining,  29  (72) 

card  index,  preparation  of  compre- 
hensive,  31    (78) 

certificates,  examination,  further 
information,   31    (78) 

certificates,  preservation,  compil- 
ing and  binding,   31   (78) 

certified  copy,  fee,  evidence,  33 
(81) 

dead  body,  disposal,  burial  or  re- 
moval -without  permit,  penalty, 
33    (82) 

death  certificate,  contents,  stand- 
ard certificate  of  deaths,  28   (68) 

death  certificate,   filing,   28    (70) 
death     certificate     in     absence     of 

medical  attendance,   28    (69) 
death     certificate,     numbering,     31 

(79) 
death    certificate,    registrar's    fees, 

32    (80) 
death  certificates,  copies,  31  (79) 
death  certificates,  monthly  reports, 

31   (79) 
deputy  registrars,   appointment,  26 

(64) 
enforcement    of    act,     local    regis- 
trars   charged   -with   duty   of,    34 

(83) 

forms  and  blanks  for  reports  of 
births,  stillbirths  and  deaths, 
prescribing,  printing  and  sup- 
plying,  31    (78) 

forms  of  record.  State  Board  of 
Health  to  prepare  and  furnish, 
17    (25) 

hospitals,  statistical  particulars, 
record,   30    (77) 

information  as  to  births,  still- 
births and  deaths,  furnishing,  31 
(78) 


Births  and  Deaths,  almhouses,  statis- 
tical    particulars,     record — Continued. 

information,  refusal  or  raise,  af- 
fecting certificate  or  record,  pen- 
alty,  33    (82) 

instructions,  issuing  detailed  as  to 
births,  stillbirths  and  deaths,  31 
(78) 

local  registrar  charged  with  en- 
forcement af  act,   34   (83) 

local  registrar,  deputy,  or  sub- 
registrar,  failing,  neglecting  or 
refusing  to  perform  duty,  pen- 
alty, 33   (82) 

local  registrars,  designation,  2'6 
(64) 

local  registrar's  duties,  31   (79) 

local  registrars,  return  of  list  of 
physicians,  midwives,  under- 
takers  and  sextons,    30    (76) 

local  registrar  to  issue  burial  or 
removal  permit,    31    (79) 

lying-in  institutions,  statistical 
particulars,   30    (77) 

medical  certificate,   28    (68) 

medical  certificate  in  case  of  still- 
birth. 27   (67) 

mid-wives,  registration  and  sup- 
plies,  30    (76) 

neglecting  or  refusing  to  fill  out 
certificate  of  birth,  stillbirth  or 
death  upon  demand,  penaty,  33 
(82) 

original  certificates  of  births,  still- 
births and  deaths  transmitted 
monthly,   31    (79) 

penalties,   33    (82) 

physicians,  registration  and  sup- 
plies,  30   (76) 

records,  preparation  and  keeping 
of  official,  25   (61) 

registration  districts,  consolida- 
tion or  subdivision,  26  (63) 

registration,  supervision  of,  17 
(22) 

removal  permit,   27    (65) 

sextons,   registration  and  supplies, 

30    (76) 
stiybirth  certificate,   27    (67) 
stillbirth  certificate,  numbering,  31 

(79) 
stillbirth      certificate,       registrar's 

fees,  32    (80) 
stillbirth     certificates,     copies,     31 

(79) 
stillbirth    certificates,    monthly    re- 
ports, 31    (79) 
stillbirth,  registration,   27    (67) 
sub-registrars,       appointment.       26 

(64) 
superintendent       of       registration, 

designation,   26    (62) 

supe-rintendent       of       registration, 

equipment,   26    (62) 
superintendent        of      registration, 

quarters,  26   (62) 
supervision,  25    (61) 
temporary    certificate    in     case    of 

inquest,   27    (65) 


112 


INDEX— Continued. 


Births  and  Deaths,  almhouses,  statis- 
tical particulars,  record — Concluded. 

transit  or  removal  permit,  27    (65) 

transportation  of  dead,  transit  or 
removal  permit,  accompanying, 
28    (70) 

undertakers,  burial  permit,  duty  to 
deliver,   28    (70) 

undertakers,  death  certificate,  duty 
to  file.   28    (70) 

undertakers'  duties,  generally,  2'8 
(69) 

undertaker's  duty  in  absence  of 
inedical  attendance,  28   (69) 

undertaliers,  registration  and  sup- 
plies,  30    (76) 

undertakers'  statements,  require- 
ments, 28    (70) 

undertakers,  statistical  particulars, 
duty  to  obtain,  28   (70) 

Vital  Statistics  Act,  enforcement, 
25    (61) 

See  Anuual  Report,  also  Ceme- 
teries, Prosecuting  Attorneys, 
Registration  Books,  Reports 
and  State's  Attorneys 

Blindness,  collusion  and  concealment, 
penalty,  36    (94) 

health  offlcers'  duties,   36    (92) 
obstetricians'   duties,    35    (90) 
obstetricians'   reports,   evidence,   35 

(90) 
ophthalmia  neonatorum  defined,  35 

(S9) 
prosecution.     State's     attorney,     36 

(95) 
State  Board  of  Health's   duties,   36 

(93) 
violation  of  act,  penalty,  36    (96) 
See   Maternity   Hospitals 

Boarding     Houses,     annual     statement, 
contents,  filing,  19    (32) 
inspection  of,   18   (29) 
passageway      between      beds      and 

ventilation,   18    (30) 
register,     contents,     inspection,     19 

(31)  , 

rooms,  air  space,   18    (30) 
supervision     by     State     Board     of 

Health,  18   (29) 

Boards  of  Health,  counties,  S'ee  Local 
Boards  of  Health,  also  Public  Health 
Districts 

Books,   See   Registration  Books 

Butter,  process  butter,  branding,  66 
(201) 

process  butter,   sale,   66    (200) 
See  Adulteration 

Butterine,  actions,  parties,  78    (250) 
branding,  78    (245) 

Butterine  Act,  77 

butterine   defined,    77    (243) 

coloring,    77    (244) 

imitation    butter   defined,    77    (243) 


Butterine — Concluded. 

notice  to  purchaser,  78    (246) 
package,   unmarked,   possession,   78 

(248    ) 
prosecutions,   78    (252) 
removing   marks,    78    (251) 
shipment,  marking,   78    (247) 
unmarked   substance,   intention,    78 
(249) 
Butterine  Factories,  alterations,  notice, 
79    (256) 

drainage,  air  sTiafts,  etc.,   79    (253) 
furniture  and  utensils,  storage,   79 
(254) 

inspection,  certificate,   79   (255) 
violation   of  act,   penalty,    79    (257) 


Canned  Goods,  labeling,  80    (262) 
packer  defined,   80    (262) 
soaked  goods,  branding,  SO   (263) 
violation  of  act,  penalty,  80   (264) 

Cattle,  See  Animals'  Contagious  Dis- 
eases 

Cemeteries,  burial  or  removal  permit, 
accompanying  body,  29   (72) 

burial  or  removal  permit,  filing,  29 

(72) 
burial   or  removal   permit,    signing 

when    no    person    in    charge,    29 

(72) 
register,   form  prescribed  by  State 

Board  of  Health,   29    (72) 
register,    inspection,    29    (72) 
register,   requirements    of,    29    (72) 
See   Births  and  Deaths 

Central  office,  location,  11   (4) 

Cheese,   See  Adulteration 

Children,  endangering  life  or  health, 
53    (162) 

Cities  and  Villages,  general  health 
powers,  107   (387) 

jurisdiction,  107    (387) 

jurisdiction.  Ohio  River,  adjacent 
cities,    108    (388) 

ordinance,  extra-territorial  juris- 
diction. 108    (390) 

ordinance,  jurisdiction,  108   (389) 

territorial  jurisdiction,  boats  and 
steamers,   109    (391) 

Civil  Service,  employees,  11   (5) 

Cold  storage,  articles,  sale,  84   (277) 
cold  storage  defined,  82    (269) 
construction  of  act,   84    (281) 
inspection,    82    (273) 
labeling  articles,  evidence,  83  (275) 
license  fee,  82  (270) 
record,   keeping,    82    ('272) 
reports,  making,   82    (272) 
returned  goods,  etc.,  Cl4   (278) 


113 


INDEX— Continued; 


Cold    Storage,    articles,    sale — Concluded, 
rules  and  regulations,  adoption,  84 
(279) 

short  title  of  act,  84    (282) 

storing  articles,   83    (274) 

storing  articles,  duration,  removal, 

83    (276) 
supervision,  82'  (273) 
terms  defined,   82    (269) 
imsanitary  condition,  82   (271) 
violation  of  act,  penalty,  84    (280) 

Contagious  Diseases,  See  Rules  and 
Regulations 

Contagious  Diseases  Among  Animals, 
See  Animals 

Cooperation,  directorJs  duty  in  regard 
to,  11   (7) 

Coordination,  director's  duty  with  ref- 
erence to,   11   (7) 

County  Clerk,  birth,  stillbirth  and 
death's  annual  record,  deposit,  31 
(79) 

forms  for  births,   deaths  and  mar- 
riages   to    be    furnished    by,    17 
(25) 
See   Registration   Books,    also    Re- 
ports 


Dairy  Cattle,  tuberculin  test  unlawful, 
49    (145) 

Dairy  Products,  bottles,  use  of  marked, 
76    (234) 

brand,   defacing,   76    (235) 
brand,    device,    registration,     76 
(232) 

brand,  protection,  76   (233) 

dairy    containers,    brand,    adoption, 

75   (231) 
enforcement  of  act,  76   (2'37) 
violation  of  act,  penalty,   76    (236) 

Dead  Bodies,  transportation  of,  regula- 
tion,  16    (21) 

Deaths,  See  Births  and  Deaths 

Diphtheria,  See  Anti-Toxin,  also  Rules 
and  Regulations 

Director,    cooperation,    duty    as    to,    11 
(7) 
coordination,  duty  as  to,  11   (7) 
efficiency,  duty  as  to,   11    (7) 

Drinking  Cup,  public  buildings,  use  of 
common,  99   (348) 

railroad    trains    and    stations,    use 
of  common,  99  (349) 

violation  of  act,   penalty,   99    (35r) 


Efficiency,    director's    duty    concerning, 
11    (7) 


Eggs,  preliminary  hearing,  71   (215) 

unwholesome      defined,       sale,       70 
(214) 
Embalming,    coroner's    permission.    104 
(377) 
fluid,   104    (378),  105   (379) 

Employees,  civil  service,   11    (5) 

Epidemics,  See  Investigations 

Expenditures,    manner    of    making,    12 
(9) 


Fines     and     Penalties,     payment     into 
State  treasury,  17   (23) 

violation  of  State  Board  of  Health 
Act,   17    (23) 

Foods,   adulterating  food,   58    (177) 
adulteration   defined,    59    (ISO) 
baking  powder,  labeling,  63  (185) 
capias,  72   (217) 

commissioner's  powers,   57    (174) 
condemnation  of  illegal,  61  (182) 
confiscation  of  illegal  61   (182') 
extracts,  labeling,  63   (184) 
fees,  fines  and  penalties,  payment, 

68    (209) 
Food    Commissioner,    appointment, 

55    (173) 
food  defined,   59   (179) 
food     department,      establishment, 

55    (173) 
illegal  foods,  sale,  69   (213) 
illegal  foods,   seizure,    66    (202) 
inspectors'  powers,   57    (174) 
judgment,  72    (217) 
label,  size  of  type,  68   (210) 
labels,  mutilating,  63   (187) 
liability,   scope,   68    (208) 
malt    or   vinous    liquor,    adulterat- 
ing,  63    (186) 
misbranding  defined,   60    (181) 
misbranding   foods,    58    (177) 
nuisance  defined,    73    (223) 
penalties,   71    (216) 
preliminary  hearing,   71   (215) 
prosecution,  limitation,  71  (215) 
Pure  Food  Act,  55,   (173)   et  seq. 

purity   and   strength,    standard   of, 

68    (212) 
refusal    to    assist    inspector,    pen- 
alty, 58   (175) 
rules  and  regulations,  adoption,  68 

(211) 
samples,  procedure,   58    (176) 
samples.    State    Board    of    Health. 

68    (205) 
search  warrants,  67   (203) 
shift  or  device,  use  of,  68    (207) 
standard    of    purity    and    strength, 
68    (21fi) 


— 8DPH 


114 


INDEX— Continued. 


Foods,  adulterating  food — Concluded. 
State  Analyst,  certificate,  68    (206) 
State's  attorneys'  duties,   67    (204) 
vineg-ar,  branding,  62'  (183) 
violation    of    Pure    Food    act,    evi- 
dence,  59    (178) 
See  Adulteration,   also  Animal  In- 
spection, Butter,  Butterine  Fac- 
tories, Canned  Goods,  Cold  Stor- 
age,   Dairy    Products,    Eggs, 
Grain,    Immature    Veal,    Lard, 
Milk  and  Renovated  Butter 
Forms,  See  County  Clerks,  also  Births 
and  Deaths,  Marriages 

G- 

Garbage,  annual  tax,   96    (340) 
disposal,  contract,  96   (339) 
plants,   establishment,   annual  tax, 
97    (342) 

Garment  Act,  employment  list,  posting, 
103    (370) 

employment    of    children,    registry, 

inspection,   102    (369) 
hours  of  labor,  notice,  103   (370) 
imported     goods,     inspection,     dis- 
posal,  102    (368) 


Ice  Cream,   See  Butterine  Factories 
Immature     Veal,     calves     under     four 

weeks   old,    slaughtering,   penalty,   81 

(265) 

Inns,  annual  statement,  contents,  fil- 
ing, 19    (32) 

inspection  of,    18    (29) 
passageway      between      beds      and 

ventilation,    18    (30) 
register,    contents    and    inspection, 

19    (31) 
rooms,  air  space,  18   (30) 
supervision     by     State     Board     of 

Health,    18    (29) 
See  Hotels 

Inquest,  See  Births  and  Deaths,  tem- 
porary certificate 

Inspection,  See  Lodging  Houses,  Board- 
ing Houses,  Taverns,  Inns  and  Ho- 
tels 

Investigations,  contagious  diseases, 
duty  as  to,  16  (21) 

sanitary,  making  of  authorized,  16 
(21) 


inspector's  powers  and  duties,  102 

(367) 
list  of  workshops,  103   (371) 
terms  defined,    103    (371) 
violation  of  act,  penalty,  103  (372) 
workshops,    inspection,    reports, 

102    (366) 

Grain,  colored  grain,  sale,  SO    (259) 

coloring,  80    (258) 

prosecution,    jurisdiction,    fines,    80 
(261) 

violation  of  act,  penalty,  80  (260) 


Health    District,     See    Public     Health 
Districts    ' 

Hospitals,  See  Births  and  Deaths 

Hotels,    annual    statements,    contents, 
filing,  19   (32) 

bedding  requirements,   100    (354) 
drainage  and  plumbing,  lavatories, 

100    (35-7) 
fumigation  of  rooms,  100   (356) 
hotel  defined,  100   (353) 
inspection  of,  18   (29) 
passageway      between      beds      and 

ventilation,  18    (30) 
posting  act,  101    (359) 
register,    contents,    inspection,    19 

(31) 
rooms,  air  space,  18   (30) 

supervision     by     State     Board     of 

Health,  18   (29  ) 
towel  supply,  100   (355) 
violation  of  act,  penalty,  100    (358) 


Laboratory,  chemical  and  bacterio- 
logic,  establishment  and  mainte- 
nance, 17  (21) 

Lard,  illegal,  66  (197) 
imitation,  66  (199) 
substitute,  66   (198) 

Local  Boards  of  Health,  annual  report, 
21,    (37) 

cities  and  villages,  appointment, 
21    (40) 

creation,  20   (34) 

enforcement  of  rules  and  regula- 
tions, enjoined  upon,   16    (21) 

epidemic,  neglect  or  refusal  to 
adopt  efficient  measures  in  case 
of,  duty  of  State  Board  of 
Health,   16    (21) 

funds,  payment,   21   (36) 

members,  compensation  and  ex- 
penses,  21    (38) 

powers  and  duties,  generally,  20 
(35) 

quarantine,  20    (34) 

records,    21    (37) 

rules  and  regulations,   20    (34) 

See  Public  Health  Districts 

Lodging  Houses,  annual  statement, 
contents,  filing,  19    (32) 

architect    and    plumber,    penalties, 

101    (364),    (365) 
inspection  of,  18   (2  9) 
passageway      between      beds      and 

ventilation,    IS    (30) 
plans   and  specifications,    approval, 
101    (361) 


115 


INDEX— Continued. 


Lodging  Houses,  annual  statement, 
contents,    filing- — Concluded. 

plumbing     work,      inspection,      101 
(363) 

plumbing    work,    instructions,    101 
(362) 

register,     contents,     inspection,     19 

(31) 
rooms,  air  space,   18    (30) 
supervision     by     State     Board     of 

Health,    18    (29) 
See  Hotels 

Lying-in  Institutions,  see  Births  and 
Deaths 

M 

Management,  See  Organization 

Manufacturing     Establishments,      con- 
tagious diseases,  74    (227) 
cuspidors,  73   (2'24) 
doors  and  screens,  73    (221) 
expectorating,  penalty,   74    (225) 
fines,   payments,   75    (229) 
inspection,     reports,     prosecutions, 

74    (228) 
lighting,    draining,    ventilating,    72 

(218) 
sidewalls  and  ceilings,  73   (220) 
sleeping  in  work  rooms,  74   (2'26) 
toilet  rooms,  73    (222) 
unsanitary     condition     defined,     72 

(219) 
violation   of  act,   penalty,    75    (230) 
See  Foods 

Marriages,  forms  of  record.  State 
Board  of  Health  to  prepare  and 
furnish,  17   (25) 

See   Registration   Books,    also   He- 
ports 

Maternity  Hospitals,  adoption  of  chil- 
dren,  investigation,   37    (100) 

instruction     as     to     prevention     of 

blindness  at  childbirth,  35   (91) 
license,  application,  36   (98) 
license,  revocation,  36   (98) 
posting      ophthalmia     neonatorum 

act,   35    (90) 
register,    information    required,    37 

(99) 
report,  37   (99) 
violations,  penalty,  37    (102) 
visitation,    37    (101) 

Mattresses,  act  invalid,   104    (376) 

Midwives,    See   Births   and   Deaths 

Milk,    analyses,    report,    65    (194) 
Babcock  test,    65    (194) 
cans,   labeling,   64    (191) 
cans,  marking,  penalty,  87   (299) 
cans,   washing, -64    (189) 
cream,  use  of  impure,  64  (190) 
impure  milk,  use  of,   64    (190) 
measuring,   standard,    64    (192) 


Milk,   analyses,    report — Concluded, 
presorvaties,   sale,   65    (195) 
skim  milk,  labeling,  64   (191) 
testing  apparatus,  license,  64  (193) 
unclean  or  unwholesome,   63    (188) 
vehicles,     marking,     65      (196),     87 

(299) 
See  Adulteration 

Misdemeanors,  failure  to  provide  rooms 
in  lodging  house,  etc.,  with  air  space 
and  ventilation,   18    (30) 

failure  by  lodging  houses,  etc.,   to 

keep  register,  19   (31) 
failure  to  file  annual  statement,  19 

(32.) 
obstructing    inspection    of    lodging 
house,  etc.,  18   (29) 

Moneys,  disposition,  11   (8) 

Municipalities,  ordinance,  scope,  16, 
Note  5 

N 

Nonexecutive  duties,   15    (19) 

Nuisances,  nuisance  near  encampment 
defined,  penalty,   106    (386) 

public    nuisance    defined,     penalty, 

105,    (384),   106   (385) 
See   Foods 


Occupational  Diseases,  clothing,  use 
of,    50    (147) 

damages,   53    (160) 

dangerous  conditions,  notice,  in- 
stallation of  appliances,  52   (157) 

dressing  rooms,  furnishing,  51 
(151) 

drink  regulations,  51   (152) 

floors  and  fixtures,  cleaning,  51 
(154) 

flues,  cleaning,    51    (154) 

food  regulations,   51    (152) 

fumes  and  dust,  preventive  de- 
vices, providing,  51    (153) 

hoppers  or  chutes,  protecting,  52 
(155) 

notice  of  danger,  posting,  52   (157) 

occupations  declared  dangerous  to 
health,  50   (147) 

physical  examinations,  monthly,  50 
(148) 

physical  examinations,  reports,  50 
(149) 

preventive  devices,  adoption,  50 
(146) 

respirators,   furnishing,   50    (147) 

right  of  action,  limitation,  dam- 
ages, 53   (160) 

State  Board  of  Health,  duties  of, 
50  (150) 

State  factory  inspectors'  duties, 
52    (156) 

tools,  cleaning,   51    (154) 

violations  of  act,  penalty,  53   (159) 

wash  basins,   furnishing,   51    (151) 


116 


INDEX— Continued. 


Office,  branch,  11   (4) 

Office,  principal,  11   (4) 

Oleomargarine,   See  Butterine  Act. 

Ophthalmia  Neonatorum  Act,   35 
See  Blindness 

Ordinance,    public    health    districts,    25 
(58) 

Organization,  executive  officers,   11    (1) 
nonexecutive  officers,  11   (2) 


Paris  Green,  quality,  labeling,  sale, 
105   (381),  etc. 

Penalties,   See  Fines  and  Penalties. 

Physical    Training,     boards    of    educa- 
tion,  etc.,   duties,    55    (170) 
normal  schools,  55    (172) 

Physicians,  See  Births  and  Deaths,  also 
Registration   Books 

Play  Grounds,  equipment,   54    (167) 
establishment,    54    (167) 
maintenance,  54   (167) 
policing,    55    (169) 
real  estate,   location,    55    (168) 

Pollution  of  Streams,   See  Sewage 

Powers   and   Duties,    Board    of   Health 
in  public  health  districts,  24   (55) 
generally,    12    (11) 
Local  Boards  of  Health,  20   (35) 
Nonexecutive  duties,  15   (19) 
State    Board    of    Health,    13     (12), 
(13).    14    (14).     (15).    (16),    (17), 
15,    (18),    16    (21) 
State  Board  of  Health  with  refer- 
ence   to    births,     stillbirths    and 
deaths,   31    (78) 

Prosecuting  Attorneys,  Vital  Statistics 
Act,  duty  to  prosecute  violations  of, 
34    (83) 

Prosecutions,  authority  to  institute,  17 
(23) 

State's  attorney's  duty,   17    (23) 

Public  Health  Districts  Act.  21 

anticipation  warrants,  25   (59) 

ballot  form,  22   (46) 

ballots,  printed,   23    (48),    (49) 

Board  of  Health  defined,   23    (51) 

Board  of  Health,  organization, 
meetings,  23   (521 

Board  of  Health,  powers  and  du- 
ties,  24    (55) 

corporate  name,   23    (53) 

election  to  vote  upon  proposition, 
notice,    22    (44),    (45) 

election,  result  of,  evidence,  23 
(50) 

extension  of  tax,  collection,  25   (60) 


Public  Health  Districts  Act — Conchided 
health  officers,  examination,  notice, 

24   (56) 
health  officers,   powers  and  duties, 

24    (57) 

judicial  notice,  23    (54) 

number  of  votes  necessary,  22  (47) 

ordinance,  enforcement,  25    (58) 

organization,   21    (41) 

petition  by  one  or  more  towns  or 
counties  for  submission  of  prop- 
osition, 21   (42),  22   (43) 

proposition  by  one  or  more  towns, 
etc.,  submission,  21  (42),  22  (43) 
proposition,  form,  22  (46) 
result  of  election,  evidence,  23  (50) 
submission  to  voters,  several 
towns  or  road  districts,  2'2  (43) 
submission  to  voters,  town  or  road 

district,   21    (42) 
tax  certificate,  25    (60) 


Q 

Quarantine,  authority  in  matters  of,  16 
(21) 


Rabies,   appropriation,   35    (87) 

institution     for     treatment,     selec- 
tion,  34    (85) 
institution,    inspection,    report,    35 

(88) 
persons     suffering,     transportation 
expenses,    34    (86) 

Recreation  Grounds.     See  Play  Grounds 

Registration  Books,  county  clerks  to 
keep  for  registration  of  physicians, 
accouchers,  births,  marriages  and 
deaths,    17    (24) 

inspection,  without  fee,  71   (24) 

Remains  of  deceased  persons.  See 
Dead   Bodies 

Renovated  Butter,  branding,  76   (239) 
food    commissioner's    duty,     costs, 

77    (240) 
food     commissioner's     powers,     77 

(242) 
sale,  76   (238) 
violation  of  act,   penalty,   77    (241) 

Reports,    county    clerk    to    report    an- 
nually to  the  State  Board  of  Health 
births,  marriages  and  deaths,  17  (24) 
See  Annual  Report 

Rules  and  Regulations,  contagious  dis- 
eases and  diphtheria,  authority  to 
make,   20    (33) 

director's  duty  as  to.  11   (6) 
enforcement    by    local    authorities, 

16    (21) 
local    boards    of    health,    violation, 

penalty.  21   (36) 
local  registrars,  subject  to,  26  (64) 
prescribing,  authorized,  16   (21) 


117 


INDEX— Continued. 


s 


Sanitation,  See  Barber  shops,  also 
Drinking  Cup,  Garment  Act  and 
Hotels 

School  Buildings,  board  of  directors' 
duty,    54    (166) 

board  of  education,  duties,  54  (166) 
county    superintendent's    duty,    54 

(165) 
Superintendent   of   Public   Instruc- 
tion's duty,  54   (164) 

Seal,  adoption,  11   (3) 

Secretary  of  State,  quarters  and  equip- 
ment for  Superintendent  of  Registra- 
tion of  Vital  Statistics,  26    (62) 

Sewage,  disposal.  Lake  Michigan,  97 
(345) 

pollution  of  streams  and  lakes,  in- 
vestigation, abatement,   98    (347) 

pollution  of  waters,  police,  ap- 
pointment, 98   (346) 

regulations,   104    (375) 

resolution  or  ordinance,  effect,  97 
(344) 

sewerage  construction,  extension, 
intercorporate  arrangement,  97 
(343) 

Sextons,   See  Births  and  Deaths 

Standard  Certificate  of  Death.  See 
Births   and  Deaths,    death   certificate 

State  Board  of  Health  Act,  16 

State  Board  of  Health,  creation 
(abolished),  16  (2'0) 

members,     compensation     and     ex- 
penses,   18    (27) 
organization,    meetings,    17    (26) 
powers    and    duties,    generally,    16 

(21) 
secretary,  selection  and  salary,   18 
(-27) 

Vital  Statistics  Act,  supervision  and 
enforcement  of,   34    (83) 

See  Annual  Report,  also  Boarding 
Houses,  Cemeteries,  Epidemic, 
Inns,  Hotels,  Lodging  Houses, 
Powers  and  Duties  and  Taverns 

State's  Attorney,  prosecution,  duty  as 
to,    17    (23) 

prosecution    of    violation    of    oph- 
thalmia neonatorum  act,   36   (95) 
Vital  Statistics  Act,  duty  to  prose- 
cute violations  of,  34   (83) 
Stillbirth,   See  Births  and  Deaths 


Taverns,    annual    statement,    contents, 
filing,  19   (32) 

inspection   of,    18    (29) 
passageway      between      beds      and 

ventilation,    18    (30) 
register,     contents,     inspection,     19 
(31) 


Taverns,  annual  statement,  contents, 
filing — Concluded. 

rooms,  air  space,  18   (30) 
supervision     by     State     Board     of 
Health,  18   (29) 

Tenements,  See  Garment  Act,  also 
Lodging  Houses 

Tuberculin  Test,  See  Animals'  Con- 
tagious Diseases 

Tuberculosis  Sanitarium,  cities  and 
villages,  abolishment  ballot,  form,  44 
(130) 

abolishment    ordinance,    enactment 

and  referendum,   44    (128),    (129) 
admission,    non-residents,    42    (123) 
admission  to  42    (12'3) 
annual   report,    43    (124) 
appropriation,  annual,  41   (118) 
by-laws,   adoption,   42    (122) 
directors,  appointment  of  first  and 

succeeding    boards,    41    (119),    42 

(120) 
directors,  compensation,  42  (121) 
directors,   term   of   office,    removal, 

42    (120) 
establishment,   41    (117) 
funds,  disposition,   42    (12'2) 
funds,  transfer  in  case  of  abolish- 
ment of  sanitarium,    44    (131) 
gifts  and  donations,  43  (124),  (126) 
physicians'  privileges,  44    (127) 
powers  and  duties,  42    (122) 
privileges  and  benefits,   42   (122) 
rules     and     regulations,     adoption, 

42    (1220 
rules    and    regulations,     scope,     43 

(125) 
tax,  fund,  41   (117) 
tuberculosis     tax,     submission     to 

voters,   41    (118) 
vacancies,  filling,  42   (121) 

Tuberculosis    Sanitarium,    county,    ad- 
mission to,    39    (111) 
annual  report,  40   (112) 
appropriation,    annual,    38    (106) 
buildings,  37   (104) 
by-laws,  adoption,   39    (110) 
directors,      appointment      of      first 

board,  38    (107) 
directors,  appointment  of  succeed- 
ing boards,  38   (108) 
directors,  compensation,  39   (109) 
directors,    term    of    office,    removal, 

38   (108) 
establishment,  38   (105) 
funds,  disposition,  39   (110) 
gifts     and     donations,      40      (112), 

(113) 
matrons,   appointment,   39    (110) 
non-residents,    admission,    39    (111) 
organization,  39   (110) 
physicians'   privileges,   40    (115) 
powers  and  duties,  39    (110) 


118 


INDEX— Concluded. 


Tuberculosis    Sanitarium,    county,    ad- 
mission to — Concluded. 

privileges  and  benefits,   39    (111) 
real     and     personal     property,     37 

(103) 
rules  and  regulations,   39    (110) 
rules    and    regulations,     scope,     40 

(114) 
submission  to  voters,  38    (106) 
superintendents,     appointment,     39 

(110) 
taxes,  fund,  38    (105) 
tuberculosis   tax,    38    (106) 
vacancies,  filling,  39  (109) 


Undertakers,   See  Births  and  Deaths 
Uniform  Cold  Storage  Act,  82 

V 

Veal,  See  Immature  Veal 

Ventilation,  See  Lodging  Houses,  Tav- 
erns, Inns,  Boarding  Houses  and 
Hotels 

Vital  Statistics  Act,  25 

Vital  Statistics,  See  Births  and  Deaths 

W 

Water  Supply,  contracts,  limitation, 
89    (308) 

plumbing    work,     regulations,     104 

(375) 
pollution,   88    (305) 
stream    or    watercourse,     obstruc- 
tion, 96    (338) 
waste,  88  (305) 
See  Water  Works 

Water  Works,  annexed  municipality, 
use  of,   95    (336) 

appropriation,    90    (311) 

bonds,   authority,   provisions,   form, 

94    (330),    (331),    (332) 
borrowing     money,     88      (305),     90 

(311) 
condemnation,  j  u  r  is  d  i  c  t  i  o  n,  88 
(306) 


Water  Works,  annexed  municipality, 
use  of — Concluded. 

construction,   88    (305)    89    (310) 
contract  ordinance,   referendum,   93 

(327),    (328) 
franchise,  ordinance,  88   (305) 
fund,  application,  90   (315) 
general  tax,  88    (307),  90   (311) 

intercorporate      arrangement,       89 

(310) 
joint   water   districts,   referendum, 

95  (334) 

maintenance,  89   (310) 

maximum  rates,  ordinance,  review, 

96  (337) 

purchase,  construction  and  enlarg- 
ing, annual  tax,   93    (226) 
rates  and  assessments,  88  (307) 
real   estate,    purchase   or   combina- 
tion,   territorial   limits,    90    (312) 
reservoirs  and  hydrants,  expenses. 

90    (314) 
rules  and  regulations,   88    (307),  90 

(313) 
superintendent    and    employees,    94 

(329) 
territorial  limits,   88    (306) 
water  pipes,  expenses,  90   (314) 
water    powers    and    privileges,     90 

(317) 
water  rates,   88    (305) 
water  rentals  and  rates,    95    (333) 
water  tax,  88   (307),  89   (309) 
water  tax  or  rate,  lien,  90   (313) 
water  works  excepted,   90    (316) 
wells,  constructing  or  leasing,  ref- 
erendum,  91    (318) 

Water  Works  System,  construction, 
purchase  or  extension,  interest  bear- 
ing certificates,  91   (319) 

foreclosure,    decree,    sale,    92    (323) 
mortgage  or  trust  deed,  conditions, 

92    (322) 
ordinance,    referendum,    91    (320) 
purchaser's    rights,    protection,    93 

(324) 
water  certificates,  92   (32'3) 
water  fund,  application,  92  (321) 

Work  Shops,  See  Garment  Act. 


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Illinois.  Dept.  of  public  health. 

General  inforination  and  laws 
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11 


J'  / 

n 


